Business in Turkey

Work Visa Document Checklist for Turkey Consulates

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WORK PERMIT APPLICATION ABROAD

If you are a foreigner applying for work visa from abroad the steps and necessary documents are as follows.

•             Before the consulate visit fill in the “Visa Application form” in web-site (www.konsolosluk.gov.tr)

When you go to relevant consulate of Turkey to apply for work visa, take the following documents with you:

•             Passport

•             Employment contract (Signed scanned copy would be enough)

•             Employer Invitation letter

•             One photo (biometric passport photo)

•             There will probably be no charge at this stage. (Depending on the consulate)

A Review of International Workforce in Turkey

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Turkey, on one hand, trying to attract qualified foreign professionals and investors to create an economy producing goods with high added value and increase the domestic savings, and on the other hand, struggling to cope up with the inflow of refugees in huge numbers from the troubled neighbors, has introduced new arrangements to regulate the international workforce movements inside the country.

Within last three years, www.turkishlaborlaw.com provided you with every legislative step taken by the government, and every aspects of the implementation regarding foreign employment, including full translation of INTERNATIONAL WORKFORCE LAW No. 6735, and many other Regulations.

In this review, we will try to give you a whole view of arrangements and implementation on international workforce as a guideline.  At the end of each topic you will be provided with the related links of our website in which you can find detailed information on the topic in hand.

Government Support for Interns Extended

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Government support provided from Unemployment Fund for the employers of interns will continue during 2017-2018 school year.

As is known apprentices, candidate apprentices and students in vocational high schools, and students having vocational and technical training in the universities or higher education institutions who are deemed in the scope of compulsory Internship were paid 30% of net minimum wage (MLA excl.) and employer of these interns received government support for 2016-2017 school year.

In the last school term interns were paid monthly 381,23 TL  (30% of net minimum wage-excluded minimum living allowance)  regardless of the number of personnel. However, the support amounts were applied differently depending on the number of personnel in the workplace.

Statute of Limitation Decreases to Five Years on Severance Payment

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Period of limitation for annual leave wage, severance pay, notice pay, bad faith compensation and compensation for terminating employment contract against equal treatment principle will be 5 years, as per the “Law on Labor Courts No. 7036” issued in Official Gazette, numbered 30221, dated 25 October 2017.   

Statute of limitation (also called period of limitation or lapse of time) can be described as a time limit in which a claim/action/legal proceeding can be brought. Any claim cannot be actionable-cannot be brought before a court-if the statute of limitation has expired. 

Shortening of the statute of limitation from 10 years to 5 years in above mentioned claims arisen from labor relationship will help to prevent fraudulent claims, and also contribute the early reconciliation between employee and employer. 

ARBITRATION BECOMES COMPULSORY IN LABOR DISPUTES

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Employees and employers shall resort to arbitrator in the first place instead of litigation process for their labor disputes and conflicts, as per the “Law on Labor Courts No. 7036” issued in Official Gazette numbered 30221, dated 25 October 2017.

The also called “mandatory mediation” aims at lessening  the heavy burden of labor courts  by directing the parties to reach out-of- court settlements which are time saving and less costly in comparison with litigation.

ARBITRATION AS CAUSE OF ACTION

The new law introduces the “arbitration as a cause of action,” a new concept in Turkish legislation, meaning that no lawsuit before resorting arbitrator.

PAYMENT DATE OF UNEMPLOYMENT SALARY CHANGES

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Unemployment salary that is paid at the end of each month will be paid at the 5th day of the month in case the “Bag Law” gets into force in the following weeks. 

Intending to prevent inappropriate payments Article 50 of Law on Unemployment Insurance No. 4447 will be changed as mentioned above.

Entitled person may collect the unemployment salary from the (PTT) post offices.

WHAT IS UNEMPLOYMENT SALARY?

Unemployment benefit, also called "Jobseekers Allowance" or "Dole," is an allowance granted to insured employees who lost their jobs against their will.  In Turkey, it is simply referred as “unemployment salary” and paid to eligible workers in the scope of mandatory unemployment insurance in line with the Law on Unemployment Insurance No. 4447.

REGISTERED ELECTRONIC MAIL OBLIGATION IN WORK PERMIT APPLICATION

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Work permit applicants will be required “Registered Electronic Mail Address (KEP-Turkish acronym)” during their work permit application.

In the announcement of Ministry of Labor and Social Security, General Directorate of International Labor Force, dated 25 October 2017, it is stated that renewal of Work Permit Application System is about to be completed; and new system will put into practice soon.

As per the said announcement;

  • Applicants of all work permit applications and of the foreigners who apply for independent and permanent work permit must have a “Registered Electronic Mail Address.”
  • It will be obligatory to file the applications with e-signature.
  • In case the applicant doesn’t have any KEP account and e-signature, application will not be possible.

Paid and Unpaid Leaves in Turkey

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Leaves with pay and unpaid leaves are always mixed up. We will try to enlighten you on the matter briefly.

LEAVE WITH PAY /PAID LEAVES

Leave of absences arranged in provisional article 2 of Labor Law 4857 are as follows;

  • Marriage Leave: 3 days in the event of employee’s marriage,
  • Bereavement Leave: 3 days death in the event of employee’s mother, father, spouse, brother or sister, and child,
  • Adoption Leave: 3 days in the event of employee’s adoption of a child,
  • Paternity Leave: 5 days in case of employee’s spouse giving birth,
  • Leave for Disabled child: employed parents whose child has at least seventy percent disability or chronic disease based on medical report, shall be allowed to take up to 10 days leave of absence with pay in a year for attending the treatment of the child; on condition that leave may be taken only by one of the parents and without interruption or segments

These payments are covered by the employer.

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