Summary On Labour Law And Work Permits – For Employers

Summary On Labour Law And Work Permits - For Employers

  1. If you are an employer who wish the employ a foreign worker, you must apply and get a for a work permit for that foreign worker. Employing a foreigner without a work permit is illegal according to Turkish law, whether you are a Syrian or Turkish employer.
  2. Both Syrians under temporary protection ("kimlik") and those with a residence permit ("ikamet") may be granted a work permit and it is the responsibility of the employer to submit the work permit request to the Ministry of Labour for both TP card holders and residence permit holders.

Requirements For Getting A Work Permit

  1. Your employee must be registered under Temporary Protection and have a Temporary Protection identification card or have a residency permit (ikamet).
  2. Your employee must be registered under Temporary Protection in Turkey for at least six months at the time you are seeking the work permit. There is not such obligation for ikamet holders.
  3. You, as the employer, must make the application for the work permit in the city where the employee is registered.
  4. Your employee must have a preliminary permission from the relevant ministries if s(h)e is a health or education professional.
  5. The total of employees under Temporary Protection cannot exceed the 10% of Turkish National Staff employed in your organization (Exemption from this quota is possible and mentioned below). For those who are ikamet holders, this quota is 20%.

Application For Work Permits

Whether your employee is a kimlik or ikamet holder, you must submit an application for a work permit, through the Turkish e-government website. Applications can be done by the employer through: www.calismaizni.gov.tr or www.turkiye.gov.tr

Documents Required

  1. Temporary Protection identification card of the employee.
  2. "Yabanci Kimlik Numarası" the number of the Temporary Protection card, starting with 99, which can be obtained from: Click Here or Click Here
  3. Passport style photos of the employee taken within the last six months.
  4. A copy of the employment contract between the employer and employee. Samples of employment contracts are available at: Click Here
  5. Employer password for the on-line public services E-Devlet, available from any post-office (PTT) to be taken by you.
  6. The employer's email address.

All the documents must be scanned in PDF format to upload them

Instructions on applying for work permit can be found at the Foreigners Department of General Directorate of the Labor and Social Security Ministry web-page, available at: Click Here

Duration Of The Work Permit

Work permits to Syrians under temporary protection can be given for a period of one-year maximum and the renewals are being made for one year periods as well. The duration and the validity of your work permit depends on the employment contract between you and your employee. For example, if the employment contract is for three months, the work permit can only be given for a three-month period. Also, if the employment contract ends, the work permit will also be cancelled.

Exemption Of Employment Quota

In case the employer applies and proves to İŞKUR that there is no qualified Turkish citizen in the province who can perform the same job as the foreign worker do, the employment quota (%10 for the ones under TP) mentioned above may not be applied.

The Minimum Wage, Labour Rights And Working Hours

  1. The minimum wage for a foreigner with a work permit is net 1603 TL for a full time position (45 hours per week). It is the same minimum wage as for Turkish workers. For some highly qualified professions, the minimum wage is higher: for example, 6.5 x 1.603 TL for pilots and top managers, or 4 x 1.603 TL for branch managers, engineers or architects.
  2. Once the employee has a work permit, s(h)e has the same labour rights as any Turkish workers in relation to insurance and work injuries. According to Turkish law, weekly full time working hours is 45 hours per week. If the employee works more than 45 hours a week, you must pay your employee overtime.

Punishments In Case Of Working Without A Work Permit

  1. It is illegal to employ Syrians under temporary protection (and any other foreigner in Turkey) without a permit. Both the workers and the employers are punished with fines in these cases.
  2. The fine on the employer is 7130 TL per illegal employee, 2851 Turkish Lira's on the employee without work permit and 5704 TL on self-employers.

Costs Of A Work Permit Application

  1. There are some fees to be paid to the government in order to obtain a work permit in Turkey and the employer must pay these fees. As an exception, if the employee is applying for a work permit from abroad, through a Turkish Consulate, the employee has to pay these amounts to the Consulate so that the work permit application is processed.
  2. The fees must be paid to Ziraat Bankası, İş Bankası or Vakıfbank branches specifying the employee's foreign ID number (Yabancı Kimlik Numarası) starting with 99. The fees are to be paid within 15 days after the notice regarding the approval of the work permit application by the Ministry of Labour and Social Security.
  3. Fee amounts are as following:
  1. Application fee for work permits issued for one year period is 615 TL and the fee for foreigners under TP is 228,90 TL
  2. Application fee for renewal of a one year work permit is also 615 TL Besides, a 72 TL of "Valuable paper fees " is also taken for any kind of the above mentioned work permits.

Unpermitted Professions For Foreigners

Turkish law prevents foreigners from working in certain jobs. A work permit cannot be obtained for foreigners in the following professions: dentistry, pharmacy, caregivers, veterinary services, hospital management, lawyers, notaries, private security, seafarers, fishing industry, customs brokerage in addition to all the jobs in the public service.

In Case Of Rejection / Cancellation

  1. If a work permit / renewal application has been rejected, or a work permit has been cancelled, you or your employee can make a written objection to this decision within 30 days after you or your employee receive the written notification regarding the rejection.
  2. These written objections shall be made online, with uploading necessary documents, written petition and any other supporting documents. If your objection is also rejected by the Ministry, then you can start a lawsuit against the Ministry of Labour and Social Security in Administrative Courts.