Court of Justice: Insurance premium claims must be based on legal and actual wages.
🔹In examining appeals filed by 29 judges on a verdict of the Special Committee for Insurance, Labor and National Insurance, the court session ruled it illegal and annulled the National Insurance Institute's amendment to its regulations in cases where the calculations of insurance premiums are not based on wages actually received.
🔹According to this ruling, simply changing the job title of an employee does not in itself change the salary level or create new financial obligations for employers; Entitlement to a salary corresponding to a certain job title does not necessarily mean that the employer is obliged to pay this salary. 🔹 In cases where employers are obligated by law to pay a specific wage - such as according to the job classification plan, section 35 of the National Insurance Law regarding fixed wages or minimum wages set by competent authorities - they must pay any difference in insurance premiums that corresponds to those legal wage levels.
🔹 The National Insurance Organization may demand the payment of such premium differences only within the time frame established by law after examining documents, employer records and legal books and verifying that the employees were indeed paid the salary corresponding to the revised job title.
🔹 This ruling does not deprive the employees of insurance benefits related to their actual job title; Instead, it retains the right to claim insurance premiums based on both statutory wage standards and actual payments, preventing unreasonable or legally unjustified burdens on employers. goals.
🔹By emphasizing the distinction between corrections in the job title and proof of actual wage payments, this ruling upholds legal norms that regulate the preservation of workers' insurance records and rights while curbing illegal premium demands.