ANNOUNCEMENT ON THE OBLIGATIONS OF OUR TRAVEL AGENCIES REGARDING THE INSURANCE OF TOURIST GUIDES

Dear Members,

The companies owned by our members have recently received a large number of letters stating that insurance notifications regarding tourist guides have not been made and that the Employment Entry Declaration and Monthly Bonus and Service Certificate should be issued and submitted to the Social Security Institution. Therefore, it has become necessary to make this announcement on the subject.

Article 4, paragraph 1 of the Tourist Guide Profession Law No. 6326 clearly states that a tourist guide can work as an insured of a travel agency or as a self-employed person.

Tourist guides working as self-employed provide incidental services to our members with the “Agency-Guide Contract” and this situation does not require the tourist guide to be employed as insured by our members.

In this context, our members are not obliged to issue a Notice of Employment and Monthly Premium and Service Certificate to the tourist guides working as self-employed as 4 (a) within the scope of Social Security Law No. 5510.

The Antalya 2nd Administrative Court's 2021/1330 E. 2022/368 K. dated 22/03/2022 and summarized as follows; “Considering the travel agency-guide contract concluded between the defendant company and the aforementioned guide for the tour, it is understood that there is a relationship between the parties based on an exception contract, not a service contract, and there is no compliance with the law in the proceedings subject to the lawsuit established for the plaintiff company to be penalized with a total xxx tl administrative fine on the grounds that the plaintiff company employs unregistered personnel.” canceled the administrative fine with the justification.

Again, with the letter of the Presidency of the Social Security Institution dated 17.04.2019 and numbered 5951617, which is attached as Annex-2, it is stated that it is not possible for self-employed tourist guides to be considered as compulsory insured and that they can be considered insured within the scope of 4/B of Law No. 5510.

Accordingly, our Association has sent a letter to the Social Security Institution and the Revenue Administration, stating that the practices contrary to the legislation on the subject should be stopped and the necessary information should be communicated to all provincial organizations.

We kindly submit the matter for your information.

Sincerely.

Association of Turkish Travel Agencies
TÜRSAB

Annex - 1: Antalya 2nd Administrative Court's Decision No. 2021/1330 E. 2022/368 K. Dated 22/03/2022
Annex - 2: Letter of the Presidency of the Social Security Institution Dated 17.04.2019 and Numbered 5951617