Work Permit in Turkey
by alex donvour Economic consultantWork Permit in Turkey - Turkey Investment - Invest Turkey
The Abstract of the Essay: Our topic is about the work permit in Turkey, its importance, the mechanism of obtaining it, its renewal and the exceptions for foreign investments. This article has been accurately translated with a reference to the Turkish Labor law and articles referenced from the Turkish Ministry of Labor and Social Security.
What Does the Work Permit in Turkey Means? Why Is It Important and What Is the Mechanism of Obtaining It?
A term that means application form for obtaining a work permit by the Ministry of Labor and Social Security. The term "work permit" in Turkey indicates the establishment of a work and a license to practice a profession in Turkey.
Its importance came as a result that the resident in Turkey can obtain the Turkish citizenship after five years of continuous work and residence in Turkey and the absence of the eight-month residency condition in Turkey during the year applicable to short-term stays (tourist, property, etc.). In this article, we will talk about the mechanism of obtaining the work permit and the things it grants to those who hold it.
General Details:
All papers must be submitted through the Ministry of Labor via the electronic portal if the person is in Turkey, but if the application was from outside Turkey, necessary papers should be given to the Turkish embassy or consulate in the country of the applicant or the country where he resides in official residence or to appoint a legal consultant to follow them from Turkey and to apply what is necessary to the Ministry of Labor.
Under the Act No. 4817, every person who does not hold Turkish citizenship must obtain a work permit in Turkey in order to be able to work formally.
The Ministry of Labor will consider the application for obtaining a work permit in Turkey they consider for the foreigners’ residence, skills and educational attainment of the foreigner and, more importantly, the status of the employer and the company in which he wishes to work. Under the law, the employer and the foreigner who wishes to obtain the work permit must cover all required specifications to obtain permission.
First: The Application for a Work Permit Will Be as the Following:
- Special evaluation from the specialized authority for the job position and how is it going to benefit the general economy.
- The absence of a Turkish citizen with the same qualification as the employed foreign worker.
- Geographical and economic factors and targeted employment sector.
- The foreigner’s specialization and the qualifications he holds.
- Developments and productivity in the business life of the company.
- Applicant’s country for permission.
- The position of the company in the business sector.
- The educational level of the foreigner.
- The security situation of the foreigner.
Second: The Ministry's Criteria for Accepting the Work Permit Applications:
Under the Law No. 4817, Article 13, the following two items should be available:
- Five Turkish citizens will be employed at the company for every foreign employee, noting that this requirement is postponed in the first six months if the applicant is a partner in the company, and five Turkish citizens for each foreigner will be required later.
- The paid-up capital must not be less than 100 thousand Turkish liras, regardless of the total value (noting that a quarter of the capital can be paid only at the time of establishment, therefore the capital must be 400 thousand Turkish liras in this case or the entire capital of 100 liras Turkish should be payed), net sales should not be less than 800,000 TL / year, or the value of exports in the last year should not be less than 250 thousand dollars/year.
- The
foreign partner’s share shall not be less than %20 of the capital’s value,
i.e. not less than 40,000 TL.
- The
monthly salary which must be paid to the foreign worker according to his
position and according to the minimum wage at the time is as follows:
- High-rank
manager, pilot, the first request for civil engineer and
architect 6.5 times the minimum.
- Sector’
Director, architect, and civil engineer 4 times the minimum.
- The
specialist and experienced worker, teachers, psychotherapists,
physiotherapist, massage worker, musician, actor, circus or similar 3
times the minimum.
- Home
maids minimum wage, while those not mentioned above as corporate employees
1.5 times the minimum wage.
- The
minimum wage is set annually by the Ministry of Labor and the minimum wage
for 2016 is 1,300 Turkish liras.
Third: Exceptions Related to Work Permit:
- Article
(1) and (2) shall not be considered if the foreigner applying for the work
permit will be employed in foreign airlines or in the field of education
or domestic services under article 2 of the Law related in associations
and endowments work.
- In the
case of the foreign worker’s arrival under agreements between Turkish and
foreign institutions in the form of tenders or the like, it will not
require the implementation of items 1 and 2.
- In the
case of the foreign expert arrival or specialist in advanced technology
and in the absence of a Turkish alternative to him, it will not require
the implementation of items 1 and 2.
- For
the entertainment or tourism workplaces, if 10 Turkish citizens are
included and a specialist foreigner is required to work in the same place
of employment, the employer will not be required to hire five Turks for
each foreign worker.
Fourth: Documents Required to Obtain the Work Permit in
Turkey:
- The
application statement for the work permit addressing the Ministry of Labor
and Social Security.
- Four
copies of the 3-page foreign worker registration form, plus a recent
personal photograph, noting that the copies must be signed by a watermark
signed by the employer.
- Official
Commercial Register paper that shows the latest data for the partners and
the capital share.
- Arbitrage
of the company's official business for the last year issued by the tax
authority or certified by a sworn financial consultant.
- The
salary scale showing the salaries of the Turkish employees and their rank
in the company.
- A
tourist residence permit of not less than six months if the application is
within Turkey, excluding student residence permit where students are
allowed to work 24 hours per week according to the new 2015 law.
- Equivalising
the civil engineering, architectural or planning certificate if the
certificate from is from outside Turkey.
- Marriage
document if the applicant is married to a Turkish citizen.
- Certified
translation of certificates of the work’s applicant.
- Certified
translation of the passport.
- C.V
Documents Required from the Employer When Applying for
Renewal:
Statement or letter of Request for the renewal of the Work
Permit (The letter must be printed by a scanner and submitted as part of the
online application, and a hard copy signed by the employer).
Application form for foreign employees (The form must be
printed online and a printed copy must be submitted to the Ministry by the
employer and the foreigner, the contract of work to be signed between both parties
should be submitted in the absence signed a form. The application will not be
considered if there is no form or contract of employment.)
The official gazette of the Commercial Registry in Turkey,
detailing the securities portfolio and the capital structure of the concerned
side in the case of modification since the initial submission (scan document
must be scanned and submitted during online application).
A document proving that the employer does not have payable
tax liabilities (the Ministry of Labor and Social Security can access the
information from the records of the Ministry of Finance).
The Social Security Institution confirms the registration
number of the foreigner mentioned in the application form and the related
information of the employer and if the employer fulfills his obligations
towards the social security of the foreigner (the Ministry of Labor and Social
Security can access the information in the social security institution).
The documented procuration of the person authorized to submit
the application online as a user on behalf of the concerned side or institution
for the employment, or the document that proves the employment of the user in
the requesting side or organization (the document must be scanned and submitted
on the Internet).
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Created on Sep 20th 2018 08:48. Viewed 762 times.