Labor Law Rights of Foreign Personnel Working in International Companies

Foreigners working in Turkey without a work permitis not just a fine imposed on the employer. Unauthorized work; It may have separate consequences in terms of foreign employee, employer, social security records and the foreigner's legal right to stay in Turkey. In connection with this topic Labor Law You can also review the content titled.

It is not enough for the foreigner to have a residence permit, sign an employment contract or continue to apply for a work permit. As a rule, a valid work permit or work permit exemption must be obtained before starting work.

In Which Situations Does a Work Permit Violation Occur?

When it comes to working without permission, it is usually understood as a foreigner who is employed without any application. However, a work permit violation may also occur in the following cases:

• Starting work before the work permit application is finalized,
• Continuing to work after the end of the leave period,
• Working for another employer with permission from one employer,
• Carrying out activities outside the work or workplace specified in the permit,
• Continuing to work after the work permit exemption period expires,
• Paid work based only on residence permit,
• Performing a profession or duty closed to foreigners.

The fact that the employer has started the work permit application does not give the foreigner the right to actually employ without a permit decision.

Administrative Fines Imposed in 2026

If there is more than one unauthorized foreigner in a workplace, the employer's penalty is calculated separately for each foreigner. In case of repeated violation, the penalty may be increased by one fold. Legal Disputes Between Foreign Employers and Employees in Turkey its content explains other legal points related to this stage.

Since the administrative fine amounts are redetermined every year, the official tariff in force on the date of the transaction should be checked.

Can a Foreign Employee Be Deported?

A foreigner who is found to be working without a work permit is reported to the Migration Management authorities in terms of deportation procedures. Unauthorized work is regulated among the cases in which a deportation decision can be taken for the foreigner.

However, a determination does not mean that the foreigner will be removed from the country on the same day without any examination. The Governorship evaluates the foreigner's residence status, family ties, protection status and special circumstances that prevent deportation.

For example, situations such as the risk of torture or inhumane treatment in the country to which the foreigner will be sent, serious health problems, pregnancy, victimization of human trafficking or victimization of violence are also examined.

If a deportation decision is made, the decision is notified to the foreigner, his legal representative or lawyer. An application can be made to the administrative court within seven days from the notification against the decision.

Can an Entry Ban to Turkey Be Imposed?

If the determination of unauthorized work is accompanied by a violation of legal stay, exceeding the visa period or expiring the residence permit, an entry ban to Turkey may come to the fore for the foreigner.

Whether the entry ban will be applied and its duration is determined according to the nature of the foreigner's violation, whether he left the country voluntarily and the administrative decisions about him. For this reason, it cannot be said that the same period of entry ban will be applied in every unauthorized work file.

What other consequences arise for the employer?

The employer's liability may not be limited to the work permit penalty. During the audit, it may also be determined that the foreigner is employed without insurance, his real wage is not reported to the SSI, or occupational health and safety measures are not taken.

In this case, for the employer:

• Retrospective insurance premium,
• SSI administrative fines,
• Delay penalty and delay interest,
• Missing wages and labor receivables,
• Tax and payroll-related obligations,
• Compensation and recourse liability in case of work accident

may come to the fore.

The employer who employs a foreigner without permission may also be held responsible for the accommodation, return to the country and necessary health expenses of the foreigner and his spouse and children, if any.

Can a Foreigner Working Without Permission Claim His Wage?

The absence of a work permit does not mean that the employer can benefit from the foreigner's actual work free of charge. Foreign worker; can claim his unpaid salary by proving that he worked at the workplace, working time and agreed wage.

The following records can be used to prove the work:

• Bank transfers and money transfer records,
• Message and e-mail correspondence with the employer,
• Shift and task lists,
• Workplace entry-exit records,
• Camera footage,
• Job card, uniform and duty documents,
• Accounts of witnesses who know the work.

Other claims such as overtime, annual leave, severance and notice pay are evaluated separately according to the nature of the work performed, the duration of the work, the way the contract expires and the scope of the work ban.

Can the Employer Say "You Didn't Have Leave, You Have No Rights"?

The employer's failure to fulfill the work permit obligation does not ignore the actual work of the employee. The employee's wage and other demands, administrative fines and immigration law consequences are separate issues. About the relevant aspect of the process Employment Contract Rights of Foreign Employees in Turkey There is detailed information on the page.

While it is possible for a foreign employee to be penalized for a leave violation, this does not automatically justify the employer's failure to pay unpaid wages or other debts incurred. Also Rights of Foreign Employees in Case of Dismissal should be evaluated together with the concrete case.

When a dispute arises, the employee may need to apply for mandatory mediation before filing a lawsuit. If an agreement cannot be reached, it is possible to file a lawsuit in the labor court.

If a Work Accident Occurs During Unauthorized Work

If a foreigner who does not have a work permit and SSI registration has a work accident, the incident should not be hidden. Health records, accident site, witnesses and camera footage should be preserved.

The employer's obligation to create a safe working environment is not eliminated because the employee is a stranger or unauthorized. Depending on the nature of the accident, claims for treatment expenses, incapacity for work, material and moral compensation or deprivation of support in case of death may come to the fore.

It may also be possible to recourse to the employer for the payments made by the SSI due to the uninsured worker.

Can a Foreign Company Partner Work Without Permission?

The fact that a foreigner establishes a company in Turkey or becomes a partner in a company does not give the right to actually work in the company. If the foreign partner manages the company, accepts clients, provides services, or conducts regular business activities, they must obtain the appropriate work permit.

Foreigners who work on their own behalf and account without permission are subject to higher administrative fines than dependent employees. The establishment of a company should not be confused with the right to work.

If a Work Permit is Obtained Later, Will the Previous Violation Be Deleted?

A subsequent work permit has consequences for work after the start date of the permit. It does not automatically eliminate the fine, lack of Social Security or immigration law consequences from the previous period of unauthorized work.

If a new application is to be made after the detection of unauthorized work, the foreigner's legal stay, passport duration, previous violation records and the employer's work permit criteria should be evaluated together.

What to Do After Inspection or Detection?

1. A copy of the audit and administrative fine minutes should be taken.
2. The foreigner's residence, protection and work permit records should be checked.
3. Unauthorized work should not be continued until a new permit is obtained.
4. Evidence showing wages and working hours must be preserved.
5. If there is a deportation decision, the seven-day litigation period should not be missed.
6. SSI and labor receivables should be examined separately from the work permit file.

Frequently Asked Questions

Can a foreigner with a residence permit work without a work permit?

A residence permit alone does not provide the right to work.

Can I start working when a work permit application is made?

It is necessary to wait for the application to be positive and the permit validity date to begin.

Does unauthorized work mean absolute deportation?

Unauthorized work is a reason for deportation, but the foreigner's situation and legal exceptions are evaluated separately.

Can a foreigner working without permission ask for his salary?

If he can prove his actual work and the amount of wages, he can claim the unpaid wage.

Does obtaining a work permit later remove the penalty?

The new permit does not automatically make the past period of unauthorized work legal.

Does a foreigner who is a company partner need a work permit?

The foreign partner who will actually work in the company must obtain the appropriate work permit.

Legal information: This content has been prepared for general information purposes. Fines can change each year. The results of labor receivables, SSI, deportation and entry ban should be evaluated according to the status of the foreigner and concrete audit records.