Turkish Labor Law
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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.
INTERNATIONAL WORKFORCE LAW
“International Workforce Law No. 6735” that regulates the processes and transactions to be followed on work permits and work permit exemptions granted to foreigners, and the rights and obligations in the field of employment of international workforce has been issued in the Official Gazette numbered 29800 on 13 August 2016.
Easier work permit application and simplified granting procedures are introduced for qualified foreign professionals and investors. You will find the details of said law in the following topics.
You can download the full English translation of the new “International Workforce Law No. 6735” in our website.
For outlines of International Workforce Law No. 6735.
WORK PERMIT APPLICATION PROCESS
Applications for work permits can be made inside or outside Turkey. Foreigners residing abroad shall apply to the Turkish Consulates in their country of residence or of citizenship.
Foreigners with a valid residence permit (valid for a minimum of 6 months, except for residence permits for educational purposes) can apply directly to the Ministry of Labor and Social Security.
Both foreigners and their employers should submit the required documents to the Ministry.
For detailed information press here!
TYPES OF WORK PERMITS
Types of work permits are specified in Article 10 of “International Workforce Law No. 6735”, which is in effect as of 13 August 2016.
- Temporary Work Permit: Foreigners will be granted upmost one year work permit on their first application provided that the permit’s duration is not exceeding their employment or service contract periods, and that they are employed for a certain job in a certain workplace owned by real person or legal entity, or public institution and public
- Permanent Work Permit: Foreigners holding long-term residence permits or minimum eight years of legal work permit may apply for permanent work permit. However, having the requirements for application shall not confer an absolute right for foreigners.
- 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.
- Turquoise Card: Turquoise Card owners after three years of transition period will have the same rights permanent work permit provides.
You can find the detailed information about the types of work permit in the link below.
TURQUOISE CARD REGULATION
Turquoise Card is a document that grants foreigner the right of work permanently in Turkey, and the right of residence to his/her spouse and children who are dependent in line with governing legislation.
Turquoise Card owners will have the same rights as accorded to Turkish citizens after 3 years of transition period, excluding right to elect and be elected, or to enter into public service. And they will have no obligation of compulsory military service.
For detailed information press here.
For English translation of Turquoise Card Regulation:
http://turkishlaborlaw.com/international-workforce-law
TEN THINGS ABOUT FOREIGN EMPLOYEES IN TURKEY
You can find the work permit, tax law, labor law and social security status of expats in the below link:
http://turkishlaborlaw.com/news/business-in-turkey/506-ten-things-about-foreign-employees-in-turkey
WORK PERMIT FOR MEMBERS OF SOME PROFESSION IN TURKEY
Obligation of preliminary permission for healthcare and educational services
Some of the foreign professionals and personnel, such as professionals of healthcare and educational services, engineers and architects, R&D and free trade zone personnel are subject to special arrangements as regard to obtaining work permit in Turkey.
- Professionals of healthcare services must obtain preliminary permission from Ministry of Health.
- Preliminary permission for professionals of educational services is granted by Ministry of National Education.
- Work permits of foreign national faculty members who are to work within the scope of Higher Education Law No. 2547 will be granted by Ministry of Labor and Social Security relying on the preliminary permission of Higher Education Council.
For detailed information:
WORK PERMIT EXTENSION APPLICATION
Applications for extension of work permit shall be made before the expiration of work permit in any case, as of within sixty days prior to the expiration of work permit. Applications for extension made after the date of expiration shall be rejected.
For detailed information:
https://turkishlaborlaw.com/news/legal-news/419-change-in-work-permit-extension-application
SOCIAL SECURITY STATUS OF EXPATS AND COMPANY PARTNERS
Posting Between Contracting Countries
Social security obligation of foreigners working or dealing with business in Turkey depends on, in general, whether they are;
- working under an employment contract or self-employed,
- residing abroad or in Turkey,
- posted to Turkey for a certain or an undefined period of time,
- the citizens of the countries Turkey has bilateral social security agreement with or not.
For detailed information:
PROHIBITED OCCUPATION FOR FOREIGNERS IN TURKEY
The following professional occupations cannot be performed by foreigners:
- Dentistry (dentist, dental surgery)
- Nursing (midwife, nurse)
- Pharmacist
- Veterinary
- Managing director in private health institutions
- Lawyer (Judge, public prosecutor)
- Notary
- Security staff
- Exportation of fish, abalone, mussel, sponge, pearl, coral
- Diving, maritime pilotage, and captainship, engineering and mariner on ships, within the territorial waters
- Customs brokerage
- Tourist guiding.
For detailed information:
VALIDITY AND CANCELLATION OF WORK PERMIT
Turkey’s new “International Workforce Law No. 6735”, which is in effect as of 13 August 2016, sets forth new arrangements on validity and cancellation of work permit and work permit exemption.
You can find the reasons of cancellation in the link below:
GRANTING WORK PERMIT EXCEPTIONALLY
Work permit can be granted to certain categories of persons who have some status and/or qualifications determined by Ministry of Labor and Social Security. However, there is not such a type of work permit called “exceptional,” and it should not be taken as an exemption from work permit requirements. Granting work permit exceptionally is simply means that, principles for assessments of applications and time periods specified in Law will not be applied to some persons.
For detailed information:
https://turkishlaborlaw.com/news/business-in-turkey/433-granting-work-permit-exceptionally-in-turkey
FOREIGNERS IN THE SCOPE OF INTERNATIONAL PROTECTION
NEW REGULATION FOR REFUGEES
“THE REGULATION ON WORKING PROCEDURES OF INTERNATIONAL PROTECTION APPLICANTS AND HOLDERS OF INTERNATIONAL PROTECTION STATUS,” based on the Law on Foreigners and International Protection, No. 6458, and determining the procedures and principles governing the employment of the applicants or the beneficiaries of international protection status, has been issued in Official Journal No. 29695, dated 26 April 2016.
The “Law on Foreigners and International Protection, No. 6458” defines different types of international protection status;
– Refugee: A person from European countries or stateless person under certain condition.
– Subsidiary Protection: A person outside European countries under certain condition.
– Conditional Refugee: A person or a stateless person, who neither could be qualified as a refugee nor as a conditional refugee but nevertheless needs protection for certain reasons.
– Applicants of International Protection: A person applied for the international protection status but not yet qualified for it.
For detailed information:
http://turkishlaborlaw.com/news/legal-news/383-new-regulation-for-refugees
WORK PERMIT FOR SYRIAN REFUGEES
Regulation on Work Permit of Refugees under Temporary Protection” has been issued in the Official Journal No. 2016/8375, dated 15 January 2016.
You can reach the detailed information on
- The refugees who will be granted work permit
- The scope
- Employment quota
- Work Permit Exemption for Seasonal Workers in Agriculture and Stockbreeding
in the below link
http://turkishlaborlaw.com/news/legal-news/362-turkey-grants-work-permit-for-syrian-refugees
WORK PERMIT FEES AND WHERE TO PAY
For work permit applications in Turkey certificate fee and valuable paper fee must be paid separately after the application found appropriate. Foreigners should not make any payment before the massage related to these amounts received from the Ministry.
For applications out of Turkey the fees will be paid while receiving employment visa.
https://turkishlaborlaw.com/news/legal-news/422-new-work-permit-fees-and-where-to-pay
REGISTERED ELECTRONIC MAIL OBLIGATION IN 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.
- The Employer, in all types of work permit application abroad or inside Turkey,
- Foreigners, applying for independent or permanent work permit inside Turkey.
will have to obtain a Registered Electronic Mail, and electronic signatures must be used.
WORK PERMIT APPLICATION OF FREE TRADE ZONE PERSONNEL
Work permit application of foreign free trade zone personnel legally staying in Turkey will be made to relevant free zone management by the free trade zone firm. Applications are evaluated by Ministry of Economy and granted by Ministry of Labor and Social Security. It should be noted that “relevant free zone management means” regional directorates of free zones at which the workplace is established, not the General Directorate of Free Zones of Economy Ministry.
Implementation Regulation, determining the application and issuance of work permits related to foreigners who wish to work in the scope of Free Trade Zone Law, No. 3218, has been issued in Official Gazette No. 30078, dated 27th May 2017.
You will find the brief translation of said Regulation in the link below:
http://datassist.com/blog/145-work-permit-application-of-free-trade-zone-personnel
