Turkey's New Law On International Workforce

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turkey-s-new-law-on-international-workworce

TurkishLaw on the Work Permit for Foreigners No. 4817, which had been in effect since 2003 has been abrogated and substituted by "LAW ON INTERNATIONAL WORKFORCE,” which got through the Parliament on 28th July 2016.

Headnotes for Executive

  • Foreign non-resident board member of joint-stock non-executive, partners of other companies, and cross-border service provider whose in-country activities not exceeding ninety days within the period of hundred and eighty days shall be assessed in the scope of work permit exemption.
  • Partners of companies: managing partner of limited liability companies, associates of joint - stock companies who are also member to board of directors, acting (commandite) partners of commandite companies with a capital divided into shares may work by obtaining work permit.
  • Work permit or work permit exemp¬tion granted will be deemed as residence permit.
  • Work permit and work permit exemption applications in Turkey will be made directly to the Ministryof Labor and Social Security, and the applications abroad will be made to the embassies or consulate generals of the Republic of Turkey.Applications may also be made through Authorized Intermediary
  • Work permit transactions will be simplified and centralized in a single body in order to eliminate the complex bureaucracy.
  • New Law aims to attract qualified foreign professionals such as engineers and architects, medical personnel, academicians, research and development personnel, free trade zone personnel and partners of companies, cross-border service providers and the investors.
  • New introduced foundations and concepts
  • Turquoise Card: Document that grants foreigner the right of work permanently in Turkey, and the right of residence to his/her spouse and dependent children.Holders of Turquoise Cardswill have the same rights as accorded to Turkish citizens after a transition period.
  • Authorized Intermediary:Work permit applications can also be made by" Authorized Intermediary"whose qualifications and framework of task determined by the Ministry.
  • International Workforce Policy Advisory Board: is authorized to determine the policy related to international workforce and to engage in activities at national and international level.
  • Foreign Application, Assessment and Monitoring System: will be established in order to accept and assess the claims of foreigners, and to monitor the effect of international workforce.

Outlines of the New Law

Purpose andScope

  • Purpose of the Law is to regulate; the determination of the procedures and principles, responsibility and authority related to work permits and work permit exemption, and the determination and application of the employment of international workforce policy.
  • The Law applies to; foreigners applied to work or working, real persons and legal entities applied to employ or employing foreigners in Turkey, cross-border service providers, and foreigners apply to receive or receiving vocational training.

International Workforce Policy

  • "International Workforce Policy Advisory Boardwill be set up to monitor the works on the development of legislation related to international workforce, national and international developments and practices, and to suggest policies. Board decisions shall be taken into account by the
  • Ministry of Labor and Social Security on determining the principles concerning international workforce policy and the foreign labor force needed in Turkey.
  • "Foreign Application, Assessment and Monitoring System" will monitor the effect of international workforce.

Authority and Responsibility on Work Permit

  • Work permit and work permit exemption will be granted by Ministry of Labor and Social Security.
  • Foreigners specified as exempt from work permit in other laws and international agreements to which Turkey is party may work or be employed without obtaining work permit as per this Law.
  • Working rights of persons within the scope of Article 28 of Turkish Citizenship Law arereserved.

Where to Apply for Work Permit and Work PermitExemption

  • Applications in Turkey will be made directly to the Ministry of Labor and Social Security, and the applications abroad should be made to the embassies or consulate generals of Turkey.
  • Applications can also be made by authorized intermediary.
  • Applications for extension of work permit should be made within sixty days prior to the expiration of work permit, and in any case before the ex¬piration of work permit.
  • Duly made applications will be assessed within 30 days if the documents are complete.

Nature of work permit

  • Work permit or work permit exemp¬tion will be deemed as residence permit.
  • Foreigner who obtained work permit by application abroad must come to Turkey within six months after the date of work permit's validity starts. Otherwise the residence permit shall be cancelled.
  • Work permit and work permit exemption will be issued for a period sixty days shorter than the validity period of the foreigner's passport.

Targeted Qualified Foreigners: Some of the foreign professional and personnel who will enjoy the new provisions are as follows;

Engineers and Architects: graduated from engineering or architecture faculty of a Turkish university or from the said faculties of foreign universities which are recognized by relevant country authorities abroad and the Higher Education Council (YÖK) in Turkey may practice their professions by obtaining project-based and temporary work permit

Medical Personnel: can be employed by obtaining work permit depending on the "preliminary permission" granted by Ministry of Health.

Academic Personnel: Foreign academic personnel also need the “preliminary permission" of Higher Education Council (YÖK) to work in Universities and higher education.

Preliminary permission: is compulsory for working in healthcare and educational services that require professional competence

Partners of companies: Managing partner of limited liability companies, associates of joint - stock companies who are also member to board of directors, acting (commandite) partners of commandite companies with a capital divided into shares may work by obtaining work permit.

Foreign non-resident board member of joint-stock companies,non-executive partners of other companies, and cross-border service provider whose in-country activities not exceeding 90 days within the period of 180 days will be assessed in the scope of work permit exemption.

Research and Development Personnel: Work permit applications of foreigners who wish to work as R&D personnel in the companies that own R&D Center Certificate may be accepted upon favorable opinion of Ministry of Science, Industry and Technology.

Free Trade Zone Personnel: Applications of foreigners planning to work in free trade zones in the scope of "Free Trade Zone Law" will be made to Ministry of Economy.

Foreign Students: at the level of associate or undergraduate study may work part time, postgraduates may work full time by obtaining work permit

Types of Permits

Temporary Work Permit

  • Foreigners will be granted upmost one year work permit on their first application on condition that permit's duration is not exceeding their employment contract periods, and that they are actively working in a certain job.
  • Being employed by the same employer, they will be given upmost two years extension on the first application and maximum three years for the next.

Permanent Work Permit

  • Foreigners who hold long-term residence permits or minimum eight years of legal work permit may apply for permanentwork permit.
  • Managing partner of limited liability companies, associates of joint - stock companies who are also member to board of directors, acting (commandite) partners of commandite companies with a capital divided into shares may work by obtaining work permit.
  • Permanent work permit holders will benefit from the same rights as accorded to Turkish citizens, except the right of vote and be electedand entering public service.

Foreigners That May be Given Independent Work Permit

  • Foreign professionals of some occupational groups may be granted independent work permit provided that they satisfy the special terms stipulated in other laws.
  • Their educational level, professional experience, contribution to science and technology, effect of their in-country activities or investments on Turkey's economy and employment will be taken into account in the assessment of independent work permit applications.

Turquoise Card

  • Foreigners whose application accepted as appropriate with regard to their educational level, experience, and contribution to science and technology, effect of their in-country activities or investments in Turkey's economy,and academicians whose works internationally recognized may be granted Turquoise Card provided that its first three years will be transition period.
  • Turquoise Card owners benefit from the same rights provided by permanent work permit, their spouse and dependent children shall be given a document that substitutes the residence permit.
  • Foreigners under temporary protection will not be granted Turquoise Card.

Foreigners who may be granted work permit exceptionally: Some of the foreigners who may be given work permit exceptionallyare as follows;

  • assessed as qualified workforceor investors by satisfying thedetermined standards, or internationally reputed for their successes in their field of science and sport.
  • employed for a project realized in Turkey for a certain period,
  • citizens of Turkish Republic of Northern Cyprus and the European Union countries,
  • victims of human trafficking, stateless persons, persons under tem¬porary protection,
  • married with a Turkish citizen and live in Turkey with their spouses with marriage bond,
  • employed in foreign missions without diplomatic inviolability,
  • cross-border service providers.

Foreigners in the scope of Law of Foreigners and International Protection

  • who made an international protection claim and final decision regarding the application is pending may apply for work permit or work permit exemption after six months from the date of application
  • those under temporary protection after six months from the issuance date of temporary international protection applicant identity document.

Rejection of Application and Cancellation of Work Permit and Work Permit Exemption

Work permit applications will be rejected where the application;

  • do not comply with the international workforce policy,
  • contains false or misleading information and documents,
  • made for occupations and professions confined exclusively to Turkish citizens in other laws,
  • lodged by foreigners whose working in Turkey is ob¬jectionable for public order, public security or public health reasons, or made for the citizens of anunrecognized country.

Work permit and work permit exemption shall be cancelled in the case of foreigner;

  • does not arrive at Turkey within six months as of the date of work permit's or work permit exemption's validity starts,
  • whose validity period of passport or the documents that substitutes passport are not extended,
  • whose work terminated for whatever reason,
  • who owns Turquoise Card and has not submitted the required information and documents in the period of transition, or has lost his/her qualifications,
  • whose workingin Turkey is objectionable for public order, security or health reasons.
  • uninterruptedly stays outside of Tur¬key exceeding six months of his/her temporary work permit duration, and exceeding one year of his/her permanent work permit and independent work permit duration for reasons other than health and compulsory public service.

Administrative appeal and judicial remedies;

  • The decision about the rejection of work permit or work permit exemption and cancellation of the issued documents will be notified to concerned parties, in accordance with the Notification Law.
  • Those concerned may object to Ministry's decisions within thirty days following the notification by filing an appeal to the Ministry. In case of refusal they may appeal to administrative court.

Authorized Intermediary

Work permit and work permit exemption applications can be made by Authorized Intermediar whose qualifications and framework of task determined by the Ministry.

Obligation of Notification and Obligation of Social Security

  • The employers of foreigners and holders of independent or permanent work permit are obliged to notify the Ministry; on the start and termination of work, and in the case that requires cancellation of work permit and work permit exemption within fifteen days.
  • Holders of work permit and exemption, and the employers of foreigners should fulfill their social security obligation in accordance with the Law No. 5510, within the prescribed time.

Transitional Provisions

  • Work permits granted prior to enactment of this Law will be valid until the date of expire.
  • For none-finalized applications before the enactment date of this Law, the provisions of the law in force at the time of application which is in favor of the foreign applicant shall be applied.
  • Until the regulations pertaining to the implementation of this Law become effective, the provisions of the current regulations that are not in conflict with this Law shall continue to apply.

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