Turkey’s new “International Workforce Law No. 6735”, which is in effect as of 13 August 2016 set forth new arrangements on the work permit and work permit exemption of managing or/and non-executive foreign shareholders of companies established under Turkish Commercial Code.
MANAGING/EXECUTIVE PARTNERS
Following partners and associates of companiesmay work by obtaining a work permit;
- Managing partner of limited liability companies, i.e. a manager and also a shareholder of the company,
- Associates of joint – stock companies who are also member to board of directors, i.e. a shareholder and a board member of a joint stock company as well.
- Acting (commandite) partners of commandite companies with a capital divided into shares.Commanditecompanyis a limited partnershipdivided into shares in Turkish Commercial Code.Acting partner is also called unlimited partner.
FOREIGN PARTNERS IN THE SCOPE OF WORK PERMIT EXCEPTION
As a rule, foreigners who are in the scope of work permit exemption may work, provided that they obtain a work permit exemp¬tion.
Following partners of companies be will assessed in the scope of work permit exemption;
- Foreign non-resident board member of joint-stock companies,
Non-executive partners of other companies.
GENERAL RULES FOR OBTAINING WORK PERMIT AND WORK PERMIT EXEMPTION
- Work permit and work permit exemption applications in Turkey will be made directly to the Ministry of 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 and work permit exemption shall be issued separately for each foreigner and for a period sixty days shorter than the validity period of the foreigner’s passport or the documents that substitute passport.
- Work permit or work permit exemption will be deemed as residence permit.
- Duly made applications will be assessed within 30 days if the documents are complete.
- Work permit and work permit exemption will be cancelled in case of foreignerdoes not arrive at Turkey within six months as of the date of work permit’s or work permit exemption’s validity starts.
- Terms and processes of application and also the scope, type and duration of work permit and work permit exemption, shall be determined by a Regulation issued by Ministry.