Turkish Labor Law
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The 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” in the oncoming weeks.
We have already discussed some main points of the amendments in the Part Two of our article issued in our web side. The new draft also foresees many amendments on; Temporary and Permanent Working Permissions, Exceptional Work Permissions, Foreigners that may be given Independent Working Permission.
Temporary Working Permission
- Foreigners will be granted upmost one year work permit on their first application on condition that permit’s duration is not exceeding their employment contract periods, and that they are actively working in a certain job.
- Upon their favorably assessed application for an extension, being employed by same employer, they will be given upmost two years extension on the first application and maximum three years for the next.
Permanent Working Permission
- Foreigners who hold long-term residence permits or minimum eight years of legal work permission may apply for permanent work permit. However holding long-term residence permits or minimum eight years of legal work permission shall not confer an absolute right for foreigners on granting permanent work permit.
- Being established under the Turkish Commercial Code: 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.
- Foreigners holding a permanent work permit will benefit from the same rights long-term residence permits provide. Without prejudice to acquired rights with respect to social security, and subject to conditions stipulated in applicable legislation governing the enjoyment of rights, foreigners holding a permanent work permit shall benefit from the same rights as accorded to Turkish citizens, except the right of vote and be elected, entering public service. And they are exempt from compulsory military service
Foreigners That May Be Given Independent Working Permission
Foreign professionals of some occupational groups might be granted independent working permission provided that they satisfy the special terms stipulated in the other laws and upon the favorable opinion of relevant professional chambers. Independent working permission will be arranged for defined periods.
Their educational level, professional experience, contribution to science and technology, effect of their in-country activities or investments on Turkey’s economy and employment will be taken into account in the assessment of applications.
Exceptional Work Permissions
Foreigners who may be given exceptional work permit are as follows;
- those assessed as qualified workforce by satisfying the standards determined by Ministry of Labor and Social Security in respect of their educational level, professional experience, contribution to science and technology and such like,
- those assessed as qualified foreign investor in respect of their contribution to science and technology, their level of investment or export value, volume of employment they provide and such like,
- those employed for a project realized in Turkey for a certain period,
- citizens of Turkish Republic of Northern Cyprus declared by Ministry of Interior as of Turkish origin,
- citizens of the countries that are a member of the European Union,
- those in the scope of Law on Foreigners and International Protection; applicants of international protection claim, conditional refugees, victims of human trafficking, stateless persons, persons under temporary protection,
- those married with a Turkish citizen and live in Turkey with their spouses with marriage bond,
- those employed in foreign missions without diplomatic inviolability,
- those internationally reputed for their successes in their field and come to Turkey for scientific, cultural and sportive purposes.
Public Benefit Associations and Tax-Exempt Waqfs.
Foreigners who hold a valid residence permit may apply for work permit exemption to work in public benefit associations and tax-exempt waqfs on condition that they are not receiving wage or similar benefits.
UNCHANGED RULES
- Foreigners are obliged to obtain a work permit before start to work or be employed.
- Work permit application
Applications for work permit shall be made to the embassies or consulates of the Republic of Turkey in the foreigner’s country of citizenship or legal stay. This application will be transferred to Ministry by embassies and consulates.
Owners of valid residence permit may apply to the Ministry directly for work permit.
Applications for extension of work permit should be made within sixty days prior to the expiration of the work permit and, in any case, before the expiration of the work permit. Applications for extension made after the date of expiration shall be rejected.
