Turkish Labor Law
Related Articles
With a view of finalizing transactions for work permit requests of the foreigners in an objective and rapid way, as per the Article 13 of the Regulations on the Implementation of the Act No. 4817 on Work Permit of the Permits, the assessment criteria were determined with the Consent of the Ministry. The assessment criteria started to be implemented as of 2/8/2010 are written below:
1- It is obligatory to employ minimum five citizens of the Republic of Turkey at the workplace for which the work permit is requested. In case the foreigner requesting such permit is the company partner, the condition of employing five persons is sought after for the last six months of the one-year work permit to be given by the Ministry.
2- For the workplace, the paid-in capital should be minimum TL100,000 or its gross sales minimum TL800,000.- or export amount of the last year minimum USD250,000.
3- The Article 2 shall not apply in case of the work permit requests with respect to the foreigners to employ at the society and foundations, and, on the other hand, the Articles 1 and 2 shall not apply for assessment of the work permit applications to be made by the foreigners to work at the Turkish representations, education sector and home-related services.
4- The capital share of the partner of the company that applies for work permit should be minimum 20 per cent, but not less then TL40,000.
5- The monthly wage amount declared to be paid by the employer to the foreigner should be at such level to comply with the function and capability of the foreigner. Accordingly, by taking into consideration the minimum wage applicable as of the date of application, the wage to be paid to the foreigner should be minimum:
a) 6.5 times of the minimum wage for the top level executives, pilots and engineers and architects making preliminary work request;
b) 4 times of the minimum wage for the unit or branch managers, engineers and architects;
c) 3 times of the minimum wage for the teachers to work at the positions which require specialization and mastery;
d) 1.5 times of the minimum wage for the foreigners to work at the home-related services and other professions.
6- With respect to the minimum four-star tourism organizations proving that they have message saloon in their body, their requests which require specialization such as masseur, masseuse and SPA therapist to be made by the shall be considered and the request of the organizations and workplaces not covered by the status shall not be deemed proper.
7- With respect to the works which require specialization and mastery, if minimum 10 citizens of the Republic of Turkey is employed for the foreigners to be employed in the tourism-animation organization companies, no further quota shall be applied.
Tax Gazette 2010-46 –
