Turkish Labor Law
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Turkey is taking steps to attract qualified foreign professionals and investors by a new draft providing easier work permit application and granting procedures.
The Draft On The Employment of Foreigners regulating;
- the determination, application and following of relevant policies,
- the procedures and principles related to work permits and exemptions granted to foreigners,
- the responsibilities and authority,
- the rights and obligations in the field of employment of foreigners
has been submitted to Presidency of Grand National Assembly of Turkey (TBMM).
The draft which was prepared by Ministry of Labor and Social Security apply to; foreigners who applied to work or actively working in Turkey, foreigners applied to receive or already receiving vocational training with an employer, cross-border service provider that are staying in the country for the purpose of providing temporal service, and real persons and legal entities applied to employ or employing foreigners in Turkey. Also the processes regarding foreigners that are exempted from working permission will be conducted in accordance with the provisions of said law.
Simplified Procedures on Application and Granting of Work Permit
Foreign professionals of some occupational groups, students, academicians, executive partners of corporations, R&D personnel, those in the scope of international protection will be able to reach work permits easily, and will be able to work or be employed.
Foreign Engineers And Architects
Foreign national engineers and architects will be able to work and be employed with a work permit granted by Ministry of Labor and Social Security. Upon staying over a month in Turkey they should apply to the professional chamber relevant to their specialization for getting temporary membership.
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 will be able to perform their profession.
Foreign Medical Personnel
Foreign medical personnel can be employed in the scope of “Law on Employment of Contracted Health Personnel in Case of Scarcity .” Procedures and principles related to locating, appointments and transfers of mentioned personnel will be determined by Ministry of Health. These personnel will need the “prior authorization” granted by Ministry of Health in their work permit assessments.
Academic Personnel of Foreign National
Foreign academic personnel also needs 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 may work, provided that they obtain a work permit.. Those receiving education 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. This restrictions is not applicable to postgraduate students enrolled in formal education programs. Work permits granted to foreign students will not cancel their valid residence permit and the rights it provides.
The principles and procedures governing the right of work for students will be jointly regulated by the Ministry and the Ministry of Labor and Social Security within the framework of the principles determined by the Migration Policies Board.
Foreigners that may be given independent working permission
Draft regulates the conditions of independent working permission for foreigners. 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.
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. Work permit or work permit exemption granted under this regulation 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.
In case of necessity regarding country’s interest, the occupations and professions confined exclusively to Turkish citizens might be performed by foreigners via Council of Ministers’ decision. The exception is foreigners cannot be public official. Council of Ministers will determine, restrict, cease partially or completely or ban the conditions of granting work permit or work permit exemption in respect of country, person, geographical area, duration, number, proportion, type, qualification, sector, occupation and profession.
Owners of work permit exemption confirmation certificate might work. Applications for work permit exemption will be made to Turkey’s embassies and consulates abroad, and owners of valid residence permit may apply to the Ministry directly. Upon favorable opinion applicants will be granted work permit exemption by the Ministry.
Research and Development Personnel
Owners of R&D Center Certificate in the scope of “Law on Supporting Research and Development Services” might employ foreign R&D personnel 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.
Foreigners in the scope of international protection
Foreigners in the scope of “Law of Foreigners and International Protection, n. 6458,” who made an international protection claim and a final decision regarding the application is pending or who are conditional refugees may apply for work permit or work permit exemption after six months from the date of application, and conditional refugees after six months from the issuance date of International Protection Applicant Identity Document. For granting work permit or work permit exemption in this scope Ministry of Interior’s favorable opinion will be necessary. Having a work permit and work permit exemption shall not confer an absolute right of residence.
Definite And Undefined Working Permissions
General principles relating to granting and extending of definite work permits are determined by the mentioned Draft. In case of favorable assessment, 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.
Foreigners who hold long-term residence permits or minimum eight years of legal work permission may apply for undefined work permits. Foreigners’ educational level, professional experience, their contribution to science and technology, effect of their in-country activities or investments on Turkey’s economy and employment will be taken into consideration in the assessment of applications. Also other issues determined by Ministry in line with the suggestions of Employment of Foreigners Policies Advisory Board will be considered.
Holding long-term residence permits or minimum eight years of legal work permission shall not confer an absolute right for foreigners on granting undefined work permit. Those whose applications accepted as appropriate will be granted undefined work permit provided that its first five years will be deemed as period of transition. Ministry of Labor and Social Security may request information and documents from employer or employed foreigner regarding the continuing activities.
Foreigners holding a undefined work permit will benefit from the same rights long-term residence permits provides. 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 undefined work permit shall benefit from the same rights as accorded to Turkish citizens with the exception of the provisions in laws regulating specific areas, and of:
a) compulsory military service;
b) the right of vote and be elected;
c) entering public service;
d) exemption from customs duties when importing vehicles.
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 Foundations (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.
We will continue to inform you in detail when the said Draft gets the approval of Grand National Assembly of Turkey and published in the Official Gazette.
