AN ASSESSMENT OF THE AUTOMATIC ENROLLMENT MODEL IN THE INDIVIDUAL PENSION SYSTEM, IN VIEW OF PRIVATE AUTONOMY AND FREEDOM OF CONTRACT

On January 1st, 2017, the Individual Pension System, which began on a voluntary basis, saw the addition of the Automatic Enrollment System, the purpose of which was to increase the savings ratios for individuals, and to preserve their income levels during their period of active working. Referring to the automatic participation of Individual Pension Savings and Investment System Law No. 4632, employers are obliged to put their employees in an Automatic Enrollment System (AES). In the Automatic Enrollment System, the pension contract is issued by the employer in the employee's name and account. During the preparation of this contract, there is no need to get a statement from the employee that they wish to sign the pension contract, or which company they wish to sign it with. In this study, the legal status of the Automatic Enrollment System will be examined in the light of private autonomy and freedom of contract