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Abstract In Turkish Law
Abstract In Turkish Law, working permits of foreigners has been regulated in the
Law No. 4817 on the Work Permits of Aliens. Any foreigner, who completes the procedure
and covers the requirements stated in the Law No. 4817, may work legally in Turkey.
Depending on various reasons, some foreigners work illegally in Turkey and this situation
poses the increasing problem of illegal foreign workers. Turkey has specified the
Law No. 4817 of 27 February 2003 on Work Permits of Aliens, in the legislation which
needs to be amended in order to achieve harmonization with the acquits communicator.
Although, illegal foreign worker phenomenon is a multidisciplinary issue and shall
not be eradicated only by the amendments which will take place, but it is still important
to highlight the current situation of the Law on Work Permits of Aliens.
APPLICATION REGULATIONS FOR THE LAW ON WORK PERMITS OF FOREIGNERS
LAW ON WORK PERMITS OF FOREIGNERS Law No : 4817 Date of Approval : Feb.27, 2003 Official
Gazette Publication Date and Number : March 6, 2003 / 25040 PART ONE Objective, Scope
and Definitions Objective Article 1- The objective of the present Law is to render
the work of foreigners in Turkey subject to permission and to determine the principles
related to the work permits to be granted to these foreigners. Scope Article 2- The
present Law comprises any foreigners working dependently and independently in Turkey,
foreigners undergoing professional training with any employer and any natural and
juridical persons employing foreigners, except for those included in the scope of
the 2nd sentence of article 29 of the Law on Turkish Citizenship number 403 as well
as article 13 of the Press Law and the Decree-Law no. 231 on the Organisation and
Duties of the Press, Publication and Information General Directorate, those granted
work permit or employed based on the authorization assigned by law by the Ministries,
public institutions and establishments, and those foreigners kept exempt from the
work permit taking into consideration the principle of reciprocity, international
law and the law of the European Union. Definitions Article 3- In the framework of
the present Law; Ministry means the Ministry of Labour and Social Security, Foreigner
means any person not considered a Turkish citizen according to the Law on Turkish
Citizenship number 403, Dependent worker means any foreigner working under the service
of one or more employer(s) being a natural or juridical person, in consideration
for re numeration, salary, commission or similar allocation, Independent worker means
any foreigner working on his/her own behalf and account, whether or not the latter
employs any other persons. PART TWO Liability of Obtaining a Permit and the Power
of Granting the Permit Liability of obtaining a Permit and the power of granting
the permit Article 4- Unless otherwise specified in bilateral or multilateral contracts,
to which Turkey is a party, foreigners have to obtain a permit prior to starting
to work in Turkey dependently or independently. In case required by the country’s
benefits or related to incidents of force majeure, the work permit may also be granted
after having started working, under the condition that the working period has not
exceeded one month and by obtaining the approval of the Ministry, and under the condition
that the relevant authority has been advised prior to starting to work. PART THREE
Work Permits and Work Permit Exemptions and Restrictions Work permit restricted by
terms Article 5- Unless provided to the contrary in the bilateral or multilateral
contracts, to which Turkey is a party, the work permit restricted by terms is granted
for a work at a certain work site or establishment and a certain profession and to
be valid for maximum one year, taking into consideration the status of the business
market, the developments in working life, sectoral and economical conjuncture changes
related to employment, in accordance with the validity term of the foreigner’s residence
permit as well as the validity term of the employment contract or the work. Following
the legal working period of one year, the validity term of the work permit may be
extended up to three years under the condition of working at the same work site or
establishment and in the same profession. At the end of the legal working period
of three years, the validity term of the work permit may be extended up to six years
under the condition of working in the same profession and with any employer of his/her
discretion. The spouse and dependant children of any foreigners having come to Turkey
for working purposes, who have accompanied the latter or have been brought by the
latter later on, may be granted a work permit restricted by terms as well, under
the condition that they have resided with the foreigner legally and uninterruptedly
for at least five years. The Ministry may extend or narrow down the geographical
validity area of the work permit restricted by terms. Work permit without terms Article
6- Unless provided to the contrary in the bilateral or multilateral contracts, to
which Turkey is a party, the work permit without terms may be granted for any foreigner
who has been residing in Turkey legally and uninterruptedly for at least eight years
or who features a total legal working period of six years, without restricting the
work permit by a certain operation, profession, civil or geographical area, and without
taking into consideration the status of the business market and the developments
in working life. Independent work permit Article 7- Foreigners who shall work independently,
may be granted the independent work permit by the Ministry under the condition that
they have legally and uninterruptedly resided in Turkey for at least five years.
Exceptional cases Article 8- Unless otherwise foreseen by bilateral or multilateral
contracts to which Turkey is a party, a work permit may be granted to the following
persons, not being subject to the periods foreseen in the present Law: Foreigners
being married to a Turkish citizen and living with his/her spouse in Turkey in the
framework of the marital union or whose marital union, after a period of the marital
union of at least three years, has ended and along with this have settled dow in
Turkey as well as their children from the spouse being a Turkish citizen, Those having
lost the Turkish Citizenship in the framework of the articles 19, 27 and 28 of the
Law on Turkish Citizenship number 403, and their distant relations, Foreigners born
in Turkey or who have come to Turkey before having completed the age of maturity
according the latters’ own national laws, or if without any citizenship, according
to the Turkish regulations, and who have graduated from any training college, academy
or university in Turkey, Foreigners who are considered as emigrants, refugee or nomads
according to the Settlement Law number 2510, Citizens of the European Union member
countries and their spouse and children not being citizens of the European Union
member countries, Those working in the service of diplomats, administrative and technical
personnel commissioned at representations of international representations and consulates
as well as embassies of foreign countries in Turkey, as well as the spouses and children
of diplomats, administrative and technical personnel commissioned with representations
of international establishments, consulates, embassies in Turkey under the condition
of being within the framework of reciprocity and being restricted with the period
of assignment. Foreigners to come to Turkey temporarily for a period exceeding one
month for the purpose of scientific and cultural activities and for a period exceeding
four months for the purpose of sportive activities, Foreigners featuring the status
of key personnel to be employed in the works of acquisition of goods and services,
causing the performance of a work or the operation of a plant, by means of the contract
or tender procedures by legally authorized Ministries as well as public institutions
and establishments. Periods to be included in legal working period and periods considered
as interruption in residence Article 9- Annual leaves, industrial accident and professional
diseases, illness and periods for which maternity, temporary unemployment allowances
as well as unempleyment insurance allocation are received are included in te legal
working periods. The foreigner’s staying out of Turkey for a total period of not
exceeding six months does not interrupt the working period. However, the time spent
out of Turkey is considered as working time. The residence of any foreigner who fails
to extend his/her residence permit for a period exceeding six months is considered
an interruption in terms of the work permits. Confirmation of work permit exemption
Article 10- Under the condition that the rights provided by the bilateral or multilateral
contracts, to which Turkey is a party, are reserved, the foreigners kept exempt from
the work permit are given a written confirmation of work permit exemption by the
Ministry in case of their request. Restriction of work permit Article 11- Under the
condition that the rights provided by the bilateral or multilateral contracts, to
which Turkey is a party, are reserved, and in the framework of the principle of reciprocity,
the work permits may be restricted for a certain validity period, agricultural, industrial
or service sectors, a certain profession, business branch or civil and geographical
area, in case required by the status of business market and developments in working
life, sectoral and economical conjuncture conditions related to employment. PART
FOUR Granting, Extension, Rejection, Cancellation of Permits, and Taking Legal Remedies
Granting or extension of permits Article 12- Foreigners residing outside Turkey shall
file their applications for work permit with the representations of the Republic
of Turkey in the countries where they stay. The representations shall send these
applicatons directly to the Ministry. The Ministry shall obtain the comments of the
relevant authorities and asses the applications in accordance with article 5; the
work permit is granted to those foreigners whose conditions have been found appropriate.
This permit is just valid in case upon having received the necessary work visa as
well as the residence permit. Foreigners having obtained the work permit, have to
apply for an entry visa for the country within ninety days the latest from the date
they have obtained this permit, and to apply for the residence permit with the Ministry
of Internal Affairs within thirty days the latest from the date they have entered
the country. Foreigners who hold a valid residence permit in Turkey or their employers
may directly apply to the Ministry. Work permits are granted and extended according
to the present Law and the provisions of the regulations released, upon the written
request of the foreigners holding residence or their employers to the Ministry. Applications
are answered by the Ministry within ninety days the latest. Obtaining comments from
the relevant authorities Article
13- Work permits related to professions, art or works where they may work in connection
with the conditions stipulated by the present Law, shall be granted by the Ministry
after having asked for the comments of the relevant authorities including professional
efficiency. The provisions mentioned in the other laws related to the works and professions
which may not be performed by the foreigners are reserved. Rejection of request for
permit Article 14- The request for work permit or work permit extension shall be
rejected under the following conditions: The fact that the status in the business
market and the developments in the working life and sectoral and economical conjuncture
changes related to employment are not suitable for granting a work permit, The fact
that any person is found for the work applied for, featuring the same qualities to
perform that work, within 4 weeks within the country, The fact that the foreigner
does not hold a valid residence permit, The fact that any foreigner, whose permit
application for a worksite, operation or profession has been rejected, files a new
application for the same worksite, operation or the same profession prior to the
lapse of one year from the date the application for permit had been rejected, The
fact that the work of the foreigner constitutes a threat for national security, public
order, general security, public benefit, general ethics and general health.
Cancellation of work permit Article 15- If the foreigner work contrary to the restrictions
mentioned in article 11 and 13 or in case of the existence of any of the incidents
foreseen in article 14 or in case it is determined later on that the foreigner or
his/her employer has given incomplete or wrong information in the request for work
permit, the Ministry shall cancell the work permit granted and advises the situation
to the relevant Ministry. The work permit’s becoming invalid Article 16- Apart from
the end of the validity term, the work permit shall become invalid in the following
cases: In case the residence permit of the foreigner becomes invalid for any reason
or the validity term is not extended, In case the validity term of the foreigner’s
passport or the latter’s papers replacing the passport is not extended, (except in
case there are the appropriate comments of the Ministry of Internal Affairs or the
Ministry of Foreign Affairs) In case the foreigner stays abroad uninterruptedly for
a period of more than six months, except for reasons of force majeure. Right of taking
legal remedies Article 17- The Ministry shall notify to the foreigner or the latter’s
employer, if any, the Decision of rejection of the foreigner’s request for granting
or extending work permit, the cancellation of the work permit, or the Decision of
making the work permit invalid, according to the provisions of the Communications
Law number 7201. Objection to the decisions to be adopted by the Ministry may be
raised by the concerned parties within thirty days of the date of notification. In
case the objection is rejected by the Ministry, the case may be refered to administrative
jurisdiction. PART FIVE Liability of Notification, Power of Inspection and Arrangement
as well as Penal Provisions Liability of Notification Article 18– a) Foreigners working
dependently shall, from the date they have started to work and from the end of working,
b) Employers employing foreigners shall, from the date on which the foreigner has
started to work, in case the foreigner fails to start employment within thirty days
from the date on which the work permit is issued, from the end of this period and
from the ending date of the employment contract for whatsoever reason, be liable
to notify this incident to the Ministry within fifteen days the latest. Informing
the Ministry Article 19- Ministries as well as public institutions and establishments
authorized to issue work permits to foreigners shall, from the date on which they
have issued the work permit, on which they have extended the validity of the work
permit and on which they have cancelled the work permit; whereas ministries as well
as public institutions and establishments employing foreigners shall, from the date
on which they have started employment, communicate all information about the foreigner
to the Ministry within thirty days the latest. Power of Inspection Article 20- The
Ministry’s work inspectors and the Social Security Institution’s insurance inspectors
shall inspect whether foreigners and employers in the scope of the present Law fulfil
their liabilities arising from the present Law. During all kind of inspection and
examinations to be made by inspection and supervision personnel of administrations
with supplementary budget and departments included in the general budget at their
worksite pursuant to their own regulations, they shall also inspect whether employers
employing foreigners and the foreigners have fulfilled their liabilities arising
from the present Law. The results of the inspection shall be advised to the Ministry
as well. Penal provisions Article 21- Any independently working foreigner as well
as any employer employing foreigners, who have failed to fulfil their liability of
notification in due time according to article 18, shall be punished with an administrative
fine of twohundredfifity millions Lira for each foreigner. Any foreigner working
dependently without a work permit shall be punished with an administrative fine of
fivehundredmillions Lira. The employer or employer’s representative employing any
foreigner without work permit shall be punished with an administrative fine of twobillions
fivehundredmillions Lira for each foreigner. In this case, the employer or the employer’s
representative has to provided for the accommodation costs, the expenses necessary
for the return to their countries and, if necessary, the health outlays of the foreigners
and his/her spouse and children, if any. In case of repetition of the acts stated
in the first, second and third item, the administrative fines shall be applied in
double amount. Any foreigner working independently without the work permit issued
according the present Law, shall be punished with an administrative fine of onebillion
Lira, and the decision for closing the latter’s worksite(s), if any, shall be adopted
by the Ministry’s regional directorates, and the incident shall be communicated to
the province governor for the execution of this decision. In case of repetition,
the administrative fine shall be applied in double amount along with closing the
worksite(s), if any. The administrative fines foreseen in the present Law shall be
communicated to the concerned parties by the Ministry regional directorate by advising
its reasons in accordance with the provisions of the Communictions Law number 7201.
Administrative fines shall be paid with the tax offices or financial directorates
within seven days from the date on which the administrative fines have been communicated.
The concernd parties may object to this fine within this period with the competent
criminal court for petty cases. The application shall not suspend the execution and
collection of the fine. Dependently or independently working foreigners as well as
employers employing foreigners, who are punished with administrative fine according
to the present Law, shall be advised to the Ministry of Internal Affairs. As for
the execution and collection of the administrative fines and other claims not paid
in due time according to the present Law, the provisions of the Law on Procedures
for the Collection of Public Claims number 6183 are applicable. Regulations Article
22- Procedures and principles related to the issuing of all kind of work permits,
their restriction, cancellation, foreigners to be kept exempt from the work permit
as well as the manner of fulfilling the liabilities of notification, shall be arranged
by the regulations to be released in accordance with the present Law. The regulations
related to the application of the present Law shall be released within six months
following the publication of the Law jointly with the Ministry, the Ministry of Internal
Affairs, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of
Public Works and Settlement, the Ministry of Health, the Ministry of Tourism, the
Undersecretary’s Department of the State Planning Organisation, the Undersecretary’s
Department of Treasury, the Maritime Undersecretary’s Department and the Undersecretary’s
Department of Foreign Trade, and by taking also the opinions of the other ministries,
public institutions and establishments as well as professional organisations featuring
the property of public institution, which are considered related. Employment of foreigners
in foreign capital investments Article 23- Foreigners, who are requested to be employed
in companies and establishments founded in the framework of the Law of Foreign Capital
Stimulation number 6224, may be employed by the work permit issued by the Ministry
in the framework of the procedures and principles to be determined by the regulations
to be released jointly with the Underseceratry’s Department of Treasury. IV- Work
Permits to be issued for Foreigners: 1-Work Permit restricted by Terms: a) up to
1 year (including 1 year) 50.000.000.- TL b) up to 3 years (including 3 years) 150.000.000.-
TL Validity period extensions are subject to the same amounts of fee. 2-Work Permit
without Terms: 250.000.000.- TL 3-Independent Work Permit: 500.000.000.- TL As regards
determining the fees of the work permit, the Ministry of Foreign Affairs shall be
competent taking into consideration the principle of reciprocity. PART SEVEN Temporary
and Final Provisions Provisions annulled Article 35- The Law no. 2007 dated June
11, 1932 on Arts and Services Assigned to Turkish Citizens in Turkey has been annulled.
Temporary Clause 1 – Work permits granted to dependently or independently working
foreigners in accordance with the provisions of the regulations prior to the enforcement
of the present Law shall be valid until the end of their validity terms unless annulled
by the Ministry pursuant to the present Law or having become void. Temporary Clause
2 – Information about foreigners who have been employed or granted a work permit
by public institutions and establishments prior to the date of the present Law’s
enforcement, shall be communicated to the Ministry by the authorities issuing the
permit, within ninety days from the law’s being put into force. Temporary Clause
3 – The work permits of those who have filed their application for work permit prior
to the date of the present Law’s enforcement and whose application is continued to
be processed, shall be issued by the public institutions and establishments competent
prior to the date of the present Law’s enforcement and they shall communicate the
necessary information to the Ministry within thirty days from the date on which the
work permit has been issued. Validity Article 36- Article 24 of the present Law shall
be put into force on the date the Law is published, whereas the other articles shall
be put into force six months following the date of its publication. Enforcement Article
37- The provisions of the present Law shall be enforced by the Council of Ministers.
March 5, 2003
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Abstract In Turkish Law
Abstract In Turkish Law, working permits of foreigners has been regulated in the Law No. 4817 on the Work Permits of Aliens. TURKISH LAW
