| LAW
ON WORK PERMITS OF FOREIGNERS |
Law
No: 4817
Date of Endorsement: 27 February 2003
PART
ONE
Objective, Scope and Definitions
Article
1. The objective of this
Law is to obligate permits for the employment of foreigners
in Turkey and to govern the principles of work permits
to be issued for these foreigners.
Article
2. - This Law involves;
Foreigners working independently or as employed;
Foreigners under vocational training in connection
with an employer;
And real persons and legal entities employing foreigners
in Turkey,
That lay within the coverage of Article 29, Paragraph
2 of Law No: 403 on Turkish Citizenship, Article 13
of Press Law No: 5680, and Decree Law No: 231 governing
the Organization and Duties of the General Directorate
of Publications Broadcasts and Information, who have
been granted work permits or employed by ministries,
public authorities and organizations in accordance
with the authority stipulated by law,
With the exemption of foreigners held exempt from
work permits under reciprocity principles, international
law and European Union law.
Article
3. The flowing terms used
in this law carry the associated meanings attributed
to them:
Ministry: Ministry of Labor and Social Security,
Foreigner: Persons not considered to be a Turkish
citizen according to Turkish Citizenship Law,
Employed worker: Foreigner, who is working under the
direction of a single or several employers that may
be real persons or legal entities, in return for wages,
salaries, commission or similar remuneration.
Independent worker: Foreigner, who is working on his
own behalf and account, notwithstanding the option
that he/she employs other persons or not.
PART
TWO
Obligation to Acquire Permits and the Authority to
Issue Permits
| Obligation
to acquire permits and the authority to issue
permits |
Article
4. Unless not stipulated
to the contrary by bilateral and multilateral agreements
in which Turkey stands as a party, foreigners are
required to acquire a work permit before starting
work in Turkey independently or as employed.
In cases the national benefit requires so or due to
reasons of force majeure, a work permit may be issued
after the subject foreigner starts working, on condition
that the related authority is notified, that the duration
of work does not exceed one month and there is Ministerial.
PART
THREE
Work Permits, Exemptions and Restrictions Regarding
Work Permits
| Work
permits with specific duration |
Article
5. Unless
not stipulated to the contrary by bilateral and multilateral
agreements in which Turkey stands as a party, work
permits are issued for a period of maximum one-year,
for a specific business or operation and for a specific
occupation, by taking into account the conditions
prevailing in the business world, developments in
the labor environment, variations in the sectoral
and economic conditions, in line with the residence
permit of the subject foreigner, the duration of the
job contract and the duration of the work concerned.
Subsequent to the expiry of the one-year work permit,
the work permit may be extended for three years for
the same occupation, for the same business or operation.
Subsequent to the expiry of the three-year work permit,
the work permit may be extended for six years for
the same occupation, for any employer the foreigner
prefers to work for.
Work permits with a specific duration may be issued
for the spouse and children which are under the guardianship
of the foreigner who comes to Turkey for work, whether
they accompany him/her or come later on, provided
that these family members have been residing officially
and uninterruptedly mutually with the subject foreigner
for a period of five years.
The Ministry is authorized to extend or restrict the
geographical locality of work permits with specific
duration.
| Work
permits with indefinite duration |
Article
6. Unless not stipulated
to the contrary by bilateral and multilateral agreements
in which Turkey stands as a party, foreigners who
reside in Turkey for a period of eight years officially
and uninterruptedly, and foreigners who officially
hold a cumulative job experience of six years in Turkey
may be issued work permits with indefinite duration,
not restricted for an operation, an occupation or
an administrative or geographical locality. Likewise,
the conditions prevailing in the business world, or
the developments in the labor environment are not
to be taken into account while issuing such work permits.
Article
7. The Ministry may issue
independent work permits to foreigners who will work
independently, on condition that such foreigners have
resided in Turkey officially and uninterruptedly for
a period of five years.
Article
8.
a) Foreigners, who are married
to Turkish citizens and who are living with their
spouses under conjugal community or foreigners whose
who have settled in Turkey although their conjugal
community have terminated after a period of at least
three years and their mutual children generating from
their union with their Turkish spouse,
b) Those who have lost their Turkish citizenship as
a consequence of the provisions of Articles 19, 27
and 28 of Turkish Citizenship Law No: 403, and their
offspring,
c) Foreigners who were born in Turkey and foreigners
who have come to Turkey before having reached age
of majority, stipulated by their national laws or
by Turkish Law in case they are stateless, and who
have graduated from a vocational school, academy or
university in Turkey,
d. Foreigners who are regarded as immigrants, refugees
or nomads by Settlement Law No: 510,
e. European Union citizens and spouses and children
of these persons who are not citizens of the European
Union,
f. Employees working at the service of the diplomats,
administrative and technical personnel assigned at
embassies and consulates of foreign states and representations
of international establishments in Turkey, and spouses
and children of diplomats, administrative and technical
personnel assigned at embassies and consulates of
foreign states and representations of international
establishments in Turkey, within the framework of
reciprocity principle (the restriction is valid for
the second group only),
g. Foreigners who come to Turkey for scientific and
cultural activities that will continue for more than
one month and sports activities that will continue
for more than four months,
h. Foreigners of key status who will be employed by
ministries and publis authorities and organizations
authorized by law, for the procurement of goods or
services through contracts or by tenders, execution
of a job or operation of a facility,
May be granted work permits, notwitstanding the durations
stipulated by this Law, unless not stipulated to the
contrary by bilateral and multilateral agreements
in which Turkey stands as a party.
| Periods
included in the official duration of work and
periods considered as a discontinuation of residence |
Article
9. Annual leaves and periods
recompensated by insurance authorities for occupational
accidents, occupational diseases, sickness and and
maternity, temporary disability and joblessness are
regarde as official working periods.
In case the total time spent by the foreigner away
from Turkey does not exceed six months, the duration
of work is considered not interrupted. Yet, the time
spent outside Turkey is not considered as working
period. In case the foreigner fails in extending his/her
residence permit for a period of more than six months,
although he/she is within Turkey, his/her residence
is considerd as interrupted regarding work permit
provisions.
| Work
permit exemption certificate |
Article
10. A work permit exemption
certificate may be provided by the Ministry to foreigners
who are held exempt from work permit procedure, upon
their application, with the rights and privileges
stipulated by bilateral and multilateral agreements
in which Turkey stands as a party are reserved.
| Restrictions
on work permits |
Article
11. In cases necessitated
by conditions prevailing in the business world, developments
in the labor environment, variations in the sectoral
and economic conditions concerning employment, work
permits may be restricted for a certain time for agriculture,
industry or service sectors, for specific occupations
or administrative or geographical locality, notwithstanding
the rights and privileges stipulated by bilateral
and multilateral agreements in which Turkey stands
as a party, within framework of the reciprocity principle.
PART
FOUR
Issuing, Extending, Rejection and Cancellation of
Permits and
Application for Judicial Solution
| Issuing
or extending permits |
Article
12. Foreigners file their
applications for work permits at the representations
of the Turkish Republic in the countries they reside.
The representations convey these applications directly
to the Ministry. The Ministry evaluates these applications
in accordance with Article 5, by consulting realted
authorities, and issues work permits to foreigners
considered appropriate. This permit is valid only
if the necessary work visa and residence permit are
available. Foreigners having received work permit
are required to apply for entry visa within ninety
days following the date they receive the work permit
and to apply to the Ministry of the Interior for a
residence permit within thirty days following their
entry to Turkey.
Foreigners holding a valid residence permit, as well
as their employers may file their applications directly
to the Ministry.
Work permits are issued by the Ministry upon the written
application of foreigners holding residence permits
or their employers in accordance with this Law or
the Directive to be issued accordingly.
Applications will be answered by the Ministry latest
within ninty days.
| Consulting
related authorities |
Article
13. Work permits for foreigners
for the occupations, crafts and jobs they may be employed
at, are issued by the Ministry, by taking the considerations
of related authorities with regard to the terms stipulated
by this Law, including occupational competence.
Provisions relating to the jobs and occupations not
permitted for foreigners by other Laws are reserved.
| Rejection
of the permit application |
Article
14. The application for
work permit or an extension thereof will be rejected:
a) In case the conditions prevailing in the business
world, developments in the labor environment, variations
in the sectoral and economic conditions concerning
employment are not suitable for issuing work permit,
b) In case there are persons domestically, who have
the same qualifications to carry out the subject job
within four weeks period,
c) In case the foreigner does not hold a valid residence
permit,
d) In case the foreigner applies for a specific business
or operation or a specific occupation within less
than one year following the rejection of his/her previous
application for the same business or operation or
same occupation,
e) In case the works of the foreigner constitute a
threat against national security, social structure,
public order, moral values and public health.
| Cancellation
of work permits |
Article
15. In case it is verified
that the foreigner violates the restrictive provisions
listed in Articles 11 and 13 or there exists any of
the cases prescribed in Article 14 or in case it is
discovered later on that the foreigner or his/her
employer has filed inadequate or false information
in the work permit application, the Ministry cancels
the work permit and notifies the related ministry.
| Invalidation
of work permit |
Article
16. Work permits, besides
expiry of duration, become invalid;
a) In case the residence permit of the foreigner invalidates
for any reason or is not extended,
b) In case the duration of the passport or the substitute
certificate of the foreigner is not extended (except
cases in which the Ministry of the Interior or Foreign
Ministry maintain affirmative considerations)
c) In case the foreigner stays abroad continuously
for more than six months, with the exception of cases
of force majeure.
| Right
to apply for judicial solution |
Article
17. The Ministry notifies the foreigner or
his/her employer - if any – concerning its decision
regarding the issuing, extension, and invalidation
of the work permit or rejection of application thereof
in accordance with the provisions of Notification
Law No: 7201.
An objection may be filed against the decision of
the Ministry, within thirty days following the date
of notice. In case the objection is refused, the case
may be filed at administrative courts.
PART
FIVE
Obligation to Notify, Authority for Inspections and
Regulations and Disciplinary Provisions
Article
18.
a) Foreigners working independently
are required to notify the Ministry latest within
15 days following the date they start working and
they leave working,
b) Employers employing a foreigner are required to
notify the Ministry latest within 15 days following
the date the foreigner starts working; in case the
foreigner does not start working within 30 days following
the date of the receival of the work permit, or in
case the job contract terminates for any reason, 15
days afterwards the occurrence of such.
| Information
to be supplied to the Ministry |
Article
19. Ministries, public authorities
and organizations authorized to issue work permits
are required to submit any information regarding the
work permits they have issued, extended or cancelled
to the Ministry within 30 days following the date
of the related issuing, extension or cancellation.
Alternatively, ministries, public authorities and
organizations employing foreigners are required to
submit any information concerning the foreign employee
to the Ministry within 30 days following the date
the subject foreigner starts working.
Article
20. The inspectors of the
Ministry and Social Security Authority inspect whether
foreigners and employers covered by this Law fulfill
their obligations arising from this Law.
Audit and inspection staff of organizations structured
within the general public budget and organizations
subject to supplementary budget also examine if the
employers employing foreign personnel and foreigners
fulfil their respective obligations arising from this
Law during routine audits and inspections they carry
out at business sites, in line with the related legislation.
Audit results will be notified to the Ministry seperately.
Article
21. Independent foreigners
who fail to fulfil the notification requirement within
the period prescribed in Article 18, will be fined
TRL 250 million and employers will be fined TRL 250
million for each foreigner concerned.
Foreigners working as employed workers without a work
permit will be fined TRL 500 million.
Employers or their proxies having employed foreigners
who do not hold a work permit will be fined TRL 2,500
million for each foreigner concerned. In such a case,
related employers or their proxies will be required
to cover the accomodation expenses, travel expenses
for the journey back to their country and health expenses
if required of the foreigner, and spouse and children
if concerned.
The fines stipulated in paragraphs 1, 2 and 3 would
be twofold in cases the prescribed violations are
repeated.
Foreigners working independently without a work permit
will be fined TRL 1 billion and if there is a business
site or sites concerned, Regional Directorates of
the Ministry will resolve to close these business
sites and the realted provincial governates will be
assigned with the said task. In case the said violations
are repeated, the business facility will be closed
and administrative fines will be applied in twofold.
Fines stipulated by this Law will be notified to the
related persons by Regional Directorates of the Ministry,
together with reasons thereof, in accordance with
Notification Law No: 7210. Administrative fines have
to be paid to the tax offices or provincial finance
directorates within 7 days after the date of notice.
Related authorities may file objection to the fine
at the authorized criminal court of peace. Filing
an objection does not stop the pursuit and collection
of the fine.
Foreigners working independently or as employed and
employers employing foreigners who are fined according
to this Law will be reported to the Ministry of the
Interior.
Law No: 6183 on the Pursuit and Collection of Public
Receivables will be effective for administrative fines
and other receivables not paid in due time.
Article
22. Procedures and principles
of issuing, classification and cancellation of all
types of work permits, foreigners to be held exempt
from work permits and measures for notification obligations
will be governed by a directive to be issued in association
with this Law.
The Directive to be prepared for the execution purposes
of this Law will be issued within six months following
the date of publication of this Law, jointly by the
Ministry, Ministry of the Interior, Foreign Ministry,
Ministry of Finance, Ministry of Development and Housing,
Ministry of Health, Ministry of Tourism, State Planning
Organization, Undersecretariat of Treasury, Undersecretariat
of Maritime and Undersecretariat of Foreign Trade
by taking considerations of other realted ministries,
public authorities and organizations and occupational
organizations that are regarded as public authorities.
| Employment
of foreign personnel in foreign investments |
Article
23. Foreigners to be employed
by companies and organizations established within
the scope of Law No: 6224 on the Encouragement of
Foreign Investments can be employed by means of work
permits to be issued by the Ministry in accordance
with the procedures and principles to be designated
by the Directive to be prepared jointly with the Undersecretariat
of Treasury.
PART
SIX
| Amendments
Made in Some Laws |
Article
24. Staff positions designated
in the annex List 1 have been established and supplemented
to Table 1 for the Ministry of Labor and Social Security
which had been annexed to Decree Law No: 190.
Article
25. The following paragraph
has been supplemented to Law No: 3146 on the Organization
and Duties of the Ministry of Labor and Social Security,
to read as parapraph (h), and the previous parapraph
(h) has been designated as parapraph (i):
h. To carry out the tasks prescribed by the Law on
Work Permits of Foreigners,
Article
26. Article 34 of Law No:
6235 on Chambers of Turkish Engineers and Architects
dated 27 January 1954 has been amended to read as
follows:
Article 34. Foreign contractors and foreign organizations
are entitled to employ foreign experts in engineering
and architecture related projects of the state, public
and private organizations or persons they undertake
solely or jointly with domestic companies, under work
permits to be issued by the Ministry of Labor and
Social Security in consultation with the Ministry
of Development and Housing and Union of Chambers,
exclusively for the specific works.
Article
27. Article 35 of Law No:
6235 has been amended to read as follows:
Article 35. Regarding works outside the scope of Article
34, foreign engineers and architects holding B.S.
and M.S. degrees may be employed under work permits
to be issued by the Ministry of Labor and Social Security
in consultation with the Ministry of Development and
Housing and Union of Chambers.
Article
28.Article 119 of Petroleum
Law No: 6235 dated 7 March 1954 has been amended to
read as follows:
Article 119. Holders of petroleum rights are entitled
to employ foreign administrative and technical staff
and experts under work permits to be issued by the
Ministry of Labor and Social Security in consultation
with the Ministry of Energy and Natural Resources
and Ministry of the Interior.
Article
29. The following paragraph
has been supplemented to Article 21 of the Private
Education Establishments Law No: 625 dated 8 June
1965, to succeed paragraph 4:
Foreigners to work within the scope of this Law are
subject to the provisions of the Law on Work Permits
of Foreigners.
Article
30. Article 3 of the Law
No: 2527 Facilitating Foreigners of Turkish Ancestry
to Perform their Occupations and Crafts Freely in
Turkey and Their Employment in Public and Private
Establishments or Busineesses, dated 25 September
1981 has been amended to read as follows:
Foreigners of Turkish ancestry, in order to facilitate
them to perform occupations, crafts and jobs or be
employed in such, which are permitted for Turkish
citizens by laws, will be granted permits by the Ministry
of Labor and Social Security in consultation with
the Foreign Ministry and Ministry of the Interior
and other related ministries and public authorities
in accordance with this Law and the Law on Work Permits
of Foreigners, provided that these persons carry the
qualifications specified by the related laws and fulfil
the requirements.
Article
31. Article 18, paragraph
(a), subparagraph (1) of Tourism Encouragement Law
No: 2634, dated 12 March 1982 has been amended to
read as follows:
Foreign expert staff and artists may be employed in
licensed facilities under work permits to be issued
by the Ministry of Labor and Social Security in consultation
with the Ministry (of Tourism) and Ministry of the
Interior.
Article
32. The below paragraph
has been supplemented to Article 26 of Law No: 2634:
Foreigners to work within the scope of paragraph (1)
above are subject to the provisions of the Law on
Work Permits of Foreigners.
Article
33. The title of the Tariff
6 associated with Fees Law No: 492, dated 2 July 1964
has been amended to read as follows:
Passport, visa, residence permit and Foreign Ministry
endorsement fees and fees for work permits to be issued
for foreigners:
Article
34. The list below has been
supplemented to Tariff 6 associated with Law No: 492:
IV - Work permits to be issued to foreigners are subject
to the following fees:
1. Work permits with specific duration:
a. For 1 year (including 1 year) TRL 50.000.000.-
b. For 3 years (including 3 years) TRL 150.000.000.-
Extensions are subject to same fees.
2. Work permits with indefinite duration: TRL 250.000.000.-
3. Work permits for independent work: TRL 500.000.000.-
Foreign Ministry is authorized to designate the work
permit fees by taking reciprocity principles into
consideration.
PART
SEVEN
Provisional and Final Provisions
Article
35. Law No: 2007 dated 11
June 1932 on Crafts and Services Reserved for Turkish
Citizens in Turkey has been abolished.
Provisional
Article 1. Work permits
that have been issued before the date this Law comes
into effect, to foreigners working independently or
as employed, in accordance with the provisions of
the former legislation, will be valid until they expire,
provided that they are not cancelled by the Ministry
or become invalidated as per the provisions of this
Law.
Provisional
Article 2. Information concerning
foreigners that have been issued work permits or employed
by public authorities or organizations before the
date this Law comes into effect, will be submitted
to the Ministry within 90 days following the date
this Law comes into effect, by the authorities who
have issued the involved permits.
Provisional
Article 3. Work permits
in process, which have been applied for by foreigners
before the date this Law comes into effect, will be
issued by public authorities and organizations authorized
by the provisions of the former legislation in effect
before the date of effect of this Law. These authorities
will inform the Ministry thereof, within 30 days after
issuing the concerned work permits.
Article
36. Whereas Article 24 of
this Law will come into force on the date of its publication,
other provisions will come into force six months after
the date of publication.
Article
37. The provisions of this
Law will be executed by the Council of Ministers.
| Further
information on work permit |
www.workpermit.gov.tr
