Turkish Labor Law
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Durations and deadlines in work permit process are very important for foreign workers and their employers. Missed deadlines may cause the concerned parties be liable for administrative fines and even lead to cancellation of work permit.
Here are some of the most frequently asked questions we receive on the work permit process.
DURATION OF WORK PERMIT
- Work permit can be granted for maximum one year on the first application provided that permit’s duration is not exceeding the employment or service contract periods,
- Foreigners serving under same employer will be given upmost two years extension on the first application and maximum three years for the ensuing applications,
- In case the application lodged for employment under different employer (work permit transfer), only one year duration will be granted,
- Foreigners holding long-term residence permits or minimum eight years of legal work permit may apply for permanent work permit,
- Turquoise Card is given on condition that its first three years will be deemed as transition period. In case Turquoise Card is not canceled within transition period, the transition period reservation that put on in shall be removed upon foreigner’s application and he/she shall be granted permanent Turquoise Card. This application must be lodged starting prior to hundred and eighty days of expiration date of transition period or in any case before the date of expire.
WHEN TO APPLY FOR EXTENSION?
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 expiration of work permit. Applications for extension made after the date of expiration shall be rejected.
DURATION OF PASSPORT AND RESIDENCE PERMIT
- Work permit is given for a period of sixty days shorter than the validity period of the foreigner’s passport or the documents that substitute passport,
- For the application inside Turkey a residence permit with the duration of six months and over is necessary. Work permit application can be made before the expiration date of residence
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 on the cases that requires cancellation of work permit within fifteen days.
- The employers’ of foreigners should register and start the employee within thirty days as of the date work permit is received. Employers of foreigners, who do not fulfill their obligation of notification in due course of time, an administrative fine of 587.00 TRY will be applied for each foreigner.
ENTERING INTO TURKEY
Foreigner who is granted work permit upon his/her application abroad must come to Turkey within six months after the date of work permit’s validity starts.
STAYING ABROAD
Work permit will be cancelled in case the foreigner stays uninterruptedly outside of Turkey exceeding six months of his/her temporary work permit duration, and exceeding one year of his/her permanent work permit or independent work permit duration for reasons other than force majeure such as health and compulsory public service.
WHEN TO LEAVE TURKEY AFTER THE EXPIRATION OF WORK PERMIT
Foreigners should leave the country within fifteen days after expiration date. As the newly issued work permit replaces the residance permit, foreigner who had obtained work permit by abroad application must leave the country within above stated period. Foreigners applied inside Turkey may have residence permit with longer duration than that of work permit. In this case duration of residence is taken as a base.
ADMINISTRATIVE APPEAL AND JUDICIAL REMEDIES
In case of rejection of work permit application or cancellation of the issued documents, those concerned may object to Ministry’s decisions within thirty days following the notification of the decision, by filing an appeal to the Ministry. In case of refusal they may appeal to administrative court.
ASSESSMENT PERIOD
Duly made application will be assessed within thirty days on condition that information and documents are complete.
COMPLETING MISSING DOCUMENTS
In case of missing information and document, assessment of application shall be postponed until such information and documents are submitted. The postponement period cannot exceed the thirty days, except the force majeure. Applications that are not completed during the postponement period shall be rejected.
