Summary On Work Permits And Labour Law – For Employees

Summary On Work Permits And Labour Law - For Employees

  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.Your employee must have a preliminary permission from the relevant ministries if s(h)e is a health or education professional.
  4. 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

  1. If you will be an employee, whether you are a kimlik or ikamet holder, your future employer must submit an application on your behalf 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
  2. If you are an independent worker, you must apply personally through the Turkish Government e-website. Application should be done by yourself through: www.calismaizni.gov.tr or www.turkiye.gov.tr

Duration Of The Work Permit

  1. The duration of the work permit does not go beyond the temporary protection duration and in case the temporary protection ends for whatever reason, the work permit expires as well.
  2. 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 your employment contract between you and your employer. For example, if your employment contract is for three months, your work permit can only be given for a three-month period. Also, if your employment contract ends, your work permit will also be cancelled.

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 you have a work permit, you have 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 you work more than 45 hours a week, your employer must pay you overtime.
  3. Annual leaves are also preserved by Turkish law. According to the law, if you have worked in the same workplace for:
  1. 1 to 5 years, you have 14 days of annual leave (No annual leave is given in the first year)
  2. 5 to 15 years, you have 20 days of annual leave.
  3. More than 15 years, you have 26 days of annual leave.

Punishments In Case Of Working Without A Work Permit

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

What To Do If The Employer Has Not Paid The Salary

  1. If you do not receive your salary or any other rights, you can always start a lawsuit against your employer in the courts and demand your unpaid salaries, regardless of having a work permit or not. In order to start a lawsuit, you should appoint a private lawyer or benefit from the legal aid bureau of the local Bar Association in the city you are registered. Having a work permit is a strong advantage when you want to claim your unpaid salary.
  2. 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.

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.