09.11.2026 09:50
There has been a change in the Social Security Institution (SGK) practice regarding uninsured drivers who use vehicles registered in the company's name. According to the new regulation, drivers found to be uninsured during traffic inspections will not be penalized directly. The driver and the vehicle owner will be called to give statements, and their friendship, kinship, or work relationship will be investigated. If undeclared employment is detected as a result of the investigation, companies may be fined up to 198,180 lira and additional administrative fines.
A new era has begun in Social Security Institution (SGK) penalties arising from company vehicles being used by others. During traffic inspections, while the insurance status of people using commercial vehicles registered in the company's name is checked, it will be prevented that uninsured drivers are directly treated as unregistered employees. With the new practice, a distinction will be made between the vehicle owner letting a relative or friend use the vehicle and employing an uninsured worker.
DRIVERS STOPPED IN TRAFFIC ARE REPORTED TO SGK
Within the scope of the practice carried out between the Social Security Institution (SGK) and provincial police directorates since 2021, the insurance status of drivers using commercial vehicles registered in the company's name during traffic inspections is examined.
According to NTV's report, traffic teams send reports on drivers determined to be uninsured to SGK. These reports include information such as the vehicle's license plate, the driver's identity information, and the place and date the penalty was issued. SGK, on the other hand, can act regarding unregistered employment based on the documents sent.
NO MORE DIRECT PENALTIES WILL BE IMPOSED
The most important change of the new regulation is that the traffic report alone is not considered sufficient to impose a penalty. If there has been no insured employment relationship between the driver and the vehicle-owning company in the past, the file will be sent directly to SGK inspectors.
The inspectors will take statements from the driver and the vehicle owner and investigate the nature of the relationship between them. Whether the vehicle was used due to friendship or kinship, whether it was entrusted, and whether there is actually an employer-employee relationship will be assessed. The process will be carried out according to the result of the investigation report to be prepared.
NEW CALCULATION IN DETECTING UNINSURED WORK
With the regulation, the principles for determining the start date of uninsured work were also changed. If there is more than one piece of information and document indicating that work was actually performed at the same workplace, the earliest determination will be accepted as the employment start date.
For each day determined to have been worked in the same month and subsequent months, one day of insured service will be credited. This employment relationship will be considered part-time work. If work is determined again after a month in which no determination was made, a new employment entry procedure will be carried out. Files that have not yet been concluded or have been sent to the relevant services will also be evaluated according to the provisions of the new circular.
PENALTIES EXCEEDING 198 THOUSAND LIRA FOR COMPANIES
Sanctions continue for companies determined to have employed unregistered workers. Under Article 102 of Law No. 5510, if the employment entry notification for an uninsured worker is not submitted on time, an administrative fine of 66,060 lira may be imposed.
If the same situation is repeated and detected again within one year, the penalty can reach 198,180 lira for each uninsured worker. In addition, additional sanctions of 66,060 lira because the employee is not included in the relevant monthly notifications, 16,515 lira because the employee is not on the payroll, and again 16,515 lira if the legal records are deemed invalid may be applicable.
Since these amounts relate to different violations, more than one sanction may be imposed depending on the nature of the detected situation.
WHAT CONDITIONS WILL BE REQUIRED FOR RENTAL VEHICLES?
If the commercial vehicle is rented out, a different assessment is made. If the driver using the vehicle is employed as an insured worker by the real or legal person renting the vehicle, no unregistered employment penalty is imposed on the vehicle owner for this reason. For this, the vehicle rental agreement must be in writing and signed by the parties.
On the other hand, in accidents involving commercial vehicles, if the driver is injured or loses their life, the vehicle owner's financial and legal liability may also come to the fore.