Work Permit and Labor Law Process for Foreign Workers in Turkey

Work permit and labor law process for foreign workers in Turkey, which is based on two separate legal files that are connected to each other. The first file is the work permit, which allows the foreigner to work legally in Turkey. The second file is the employment relationship, which regulates issues such as wages, working hours, leave, insurance and dismissal. In connection with this topic Labor Law You can also review the content titled.

Obtaining a work permit does not replace the rights in the employment contract. Signing an employment contract also does not give the foreigner the right to work alone. The foreign employee must have a valid work permit or work permit exemption before starting work.

First Check Before Recruitment

Before signing a contract with a foreign worker, it should be checked whether the task to be performed is open to the work of foreigners. Some professions and duties are reserved only for Turkish citizens by special laws.

If the task is open to foreigners, an employment contract is drawn up between the employer and the employee. The employer, profession, wage, place of work and start date in the contract must be compatible with the information in the work permit application. Labor Court Processes of Foreign Employees in Turkey its content explains other legal points related to this stage.

The following points should be clarified before the application:

• The duty to be performed by the foreigner and the workplace where he will work,
• Whether the employment contract is of definite or indefinite duration,
• Gross wage and fringe benefits,
• Passport and residence status of the foreigner,
• Whether the application will be made from Turkey or abroad,
• Whether the employer meets the current evaluation criteria.

Which Way to Apply for a Work Permit?

For dependent employees, the employer or the person authorized by the employer carries out the work permit application. Applications are made electronically through the e-Permit system.

In the application abroad, the foreigner applies to the Turkish embassy or consulate general in the country of which he is a citizen or where he is legally located. With the reference information obtained from the foreign representation, the employer completes the electronic application in Turkey.

Which Documents Are Prepared in the Application?

The required documents may vary depending on the foreigner's profession, workplace and work permit type. In dependent work, the base file typically contains the following documents:

• Employment contract between the employer and the foreigner,
• Foreigner's passport or passport substitute document,
• Diploma or qualification certificate if required for the profession,
• Trade registry and financial status documents of the workplace,
• Electronic signature and authorization records of the employer,
• Sector- or profession-specific permits and documents.

The short duration of the passport may affect the duration of the permit that can be granted. Certified Turkish translation may be requested for documents in a foreign language.

How is the Work Permit Application Evaluated?

Applications are not finalized only by looking at the employment contract. The financial adequacy of the employer, the employment structure, the wage to be paid to the foreigner, the education and professional competence of the foreigner and the needs of the sector can be evaluated together.

The wage criterion may vary according to the task to be performed by the foreigner. The wage reported in the work permit application must be compatible with the employment contract, bank payments and the premium earnings reported to SSI.

Some groups of foreigners or applications in certain sectors may be exempted from the general evaluation criteria in whole or in part. For this reason, it should not be thought that there is a single employment or capital requirement for each workplace.

The process does not end after the permit is approved

After the positive evaluation of the work permit application, the notified fees and valuable paper fees must be paid on time. If payment is not made within 30 days of notification, the application may be rejected.

After the issuance of the permit, the employer must make social security notifications for the foreign employee and carry out the actual start of the employee in accordance with the leave dates.

For domestic applications, the foreigner must start working within one month from the start of the work permit by fulfilling social security obligations.

Foreigners who receive permission from abroad must come to Turkey within six months from the start of the validity of the permit. After entering Turkey, social security procedures must be completed and work must be started within one month.

How Long Is the First Work Permit Issued?

A temporary work permit for a specific employer can be issued for a maximum of one year at the first application, provided that it does not exceed the duration of the employment or service contract.

If the employee will continue with the same employer, a maximum of two years of leave can be issued for the first extension application, and a maximum of three years for subsequent extension applications.

The extension application can be made 60 days before the end of the current permit and must be completed before the permit expires. An application made after the expiration of the period is considered a new application, not an extension.

Work Permit Depends on the Employer

A temporary work permit is usually issued for a specific employer, position, and workplace. The foreign employee cannot start working for another employer using the existing permit card.

In case of a change of employer, a new work permit application must be made by the new employer. Applications to work for a different employer are evaluated according to the first application principles, even if the foreigner has a previous permit.

If the essential elements of the duty, place of work or employment relationship will change within the same employer, it should be checked whether the work permit record needs to be updated.

Labor Rights of Foreigners Who Obtain a Work Permit

A foreign worker cannot be deprived of basic labor rights due to his citizenship in the employment relationship. For employees within the scope of the Labor Law, wages, overtime, weekends, national holidays, general holidays and annual leave provisions are applied.

In general, the weekly working time is a maximum of 45 hours. Increased overtime pay may arise for work exceeding 45 hours per week. An employee who completes at least one year with the same employer is entitled to annual paid leave.

The employer must pay the foreigner's insurance premiums over the actual wage and make the wage payments in a provable manner. Showing a high wage in a work permit application and paying a lower wage to the employee may cause labor receivables and social security disputes.

What Happens When the Employment Contract Ends?

The termination of the employment relationship has consequences in terms of both labor law and work permit. The employer must notify the SSI and the work permit system of the foreigner's termination in due time. About the relevant aspect of the process Legal Consequences of Foreigners Working in Turkey Without a Work Permit There is detailed information on the page.

Whether the employee is entitled to unpaid wages, overtime, annual leave, premiums, severance or notice pay is evaluated according to the reason for the termination of the employment contract. Also Overtime, Salary and Social Security Rights for Foreign Workers should be evaluated together with the concrete case.

The termination of the work permit does not eliminate the labor receivables that have arisen. Even if the foreign employee has left Turkey, he/she can pursue his/her wage and compensation claims in Turkey with the appropriate power of attorney.

How to Claim Labor Receivables?

For claims such as wages, overtime, annual leave, severance and notice pay, a mandatory mediator should be applied before filing a lawsuit in the labor court.

The foreign worker who meets the conditions for reinstatement must apply to the mediator within one month from the date of receipt of the termination notice. If an agreement cannot be reached in mediation, a reinstatement lawsuit can be filed within two weeks from the last report.

Employment contracts, bank records, work permit documents, SSI statements, shift lists, correspondence and payrolls are among the important evidence in disputes.

Consequences of Unauthorized Work

In case of working without a work permit or valid exemption, administrative sanctions may be imposed on both the foreign employee and the employer. A foreigner who is found to be working without permission can also be reported to the relevant authorities within the scope of immigration legislation.

Having a residence permit alone does not provide the right to work. Similarly, just signing an employment contract or applying for a work permit is not sufficient to start working without a permit.

Frequently Asked Questions

Can a foreign worker start working without a work permit?

You should not start working without a valid work permit or work permit exemption.

Does a residence permit replace a work permit?

A residence permit provides the right to stay in Turkey, but does not give the right to work alone.

Can a foreigner with a work permit transfer to another employer?

The available timed leave usually depends on the specific employer. The new employer must apply for a new work permit.

Does a foreigner who receives a work permit have to be a member of SSI?

A foreigner working for an employer must generally be notified of social security. Exceptions to temporary assignment in international social security agreements are reserved.

Do compensation rights disappear when the work permit expires?

The expiration of the leave period or the termination of the employment relationship does not automatically eliminate the previously arising wage and compensation rights.

Can a lawsuit be filed directly for labor receivables?

In workers' receivables, compensation and reinstatement claims, a mandatory mediator must be applied before the lawsuit.

Legal information: This content has been prepared for general information purposes. Work permit application path, evaluation criteria, social security status and labor rights; It may vary according to the foreigner's status, profession, employer and international conventions to which Turkey is a party.