Turkish Labor Law
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The long standing “Law on The Work Permit for Foreigners No. 4817,” which has been in effect since 2003 will be abrogated and subsided by “LAW ON INTERNATIONAL WORKFORCE” that is submitted to the Parliament’s related commission and expected to pass into law soon.
Turkey aims to attract qualified foreign professionals and investors by a the above said new draft law providing easier work permit application and simplified granting procedures, and also to centralize the work permit transactions in single body in order to eliminate the complex bureaucracy.
TARGETED FOREIGNERS
Some of the foreign professional and personnel who will enjoy the new provisions are as follows;
Engineers and Architects: Foreigners who have assumed the title of engineer and architect by graduating 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 project-based or with temporary work permit.
Medical Personnel: Foreign medical personnel can be employed in the scope of “Law on Employment of Contracted Health Personnel in Case of Scarcity.” These personnel will need the “prior authorization” granted by Ministry of Health in their work permit assessments.
Academic Personnel: Foreign academic personnel also need the “prior authorization” of Higher Education Council (YÖK) to work in Universities and higher education. Work permits will be granted by Ministry of National Education relying on the “prior authorization” of Higher Education Council.
Foreign Students: Foreign students enrolled in formal education programs at universities or higher education of Turkey at the level of associate or undergraduate study might apply for a work permit after completing their first year and work part time as per Labor Law by obtaining a work permit. This restriction is not applicable to postgraduate students enrolled in formal education programs. Those who completed their education in Turkey may apply for work permit within one year as of the date of graduation.
Research and Development Personnel: Work permit applications lodged by foreign nationals who wish to work as R&D personnel in the companies that own R&D Center Certificate in the scope of Law on Supporting Research and Development Services, No. 5746, dated February 28 2008, might 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. Foreigners who are considered appropriate for work permit will be advised to Ministry of Labor and Social Security.
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 that are founded pursuant to Law No. 6102, 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.
Foreigners, in the scope of Law of Foreigners and International Protection, No. 6458: 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 and those under temporary protection after six months from the issuance date of temporary international protection applicant identity document.
NEWLY INTRODUCED FOUNDATIONS AND SYSTEMS
Draft Law sets forth that, Ministry of Labor and Social Security, taking account of the decisions made by “International Workforce Policies Advisory Board, is authorized to determine the policies related to employment of foreigners and to engage in activities at national and international level intended to carry out these policies.
“Turquoise Card (Turkuaz Kart) System: Turquoise Cards issued by Ministry of Labor and Social Security will be given to Foreigners, depending their educational level, professional experience, their contribution to science and technology, effect of their in-country activities or investments on Turkey’s economy and employment. Holders of Turquoise Cards owners will be granted permanent work permit after a transition period and will have the same rights as accorded to Turkish citizens. Family members of such foreigners also are granted residence permits.
Authorized Intermediary Body: Work permit applications can be made by Authorized Intermediary Body whose qualifications and framework of task determined by the Ministry.
International Workforce Policies Advisory Board: will be responsible to monitor the works on the development of legislation, national and international developments and practices, and to suggest policies in line with Turkey’s economic, sectoral and regional priorities to the Ministry.
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.
NATURE OF WORK PERMIT
Work permit or work permit exemption granted under this Law will be deemed as residence permit.
Foreigner who is granted a work permit upon his/her application abroad must come into Turkey within six months after the date of permit’s validity starts. Otherwise the residence permit shall be cancelled.
TYPES OF WORK PERMITS AND EXCEPTIONS IN TURKEY’S NEW DRAFT LAW ON INTERNATIONAL WORKFORCE
The draft foresees many amendments on; Temporary and Permanent Working Permissions, Exceptional Work Permissions, Foreigners that may be given Independent Working Permission. You can reach the details of types of permissions in Part Two of the article issued in our website.
