Foreigners are required to obtain a work permit from the Turkish authorities in order to start working legally in Turkey.
Issues regarding work permits are regulated by the International Labor Law No. 6735, which is the basic law.
WHICH AUTHORITY GIVES WORK PERMIT?
Work permits are issued to foreigners whose applications are approved by the Ministry of Labor and Social Security.
WORK PERMIT TYPES
First of all, work permit types are divided into two: dependent employee and independent employee.
In terms of duration, work permits are divided into two: TERMINATED and INDEFINITE.
1. TERM WORK PERMIT is a type of work permit issued for a maximum period of 1 YEAR.
This type of work permit can be extended for up to 2 YEARS by applying for an extension near its end.
For subsequent extension applications, this period may be extended up to 3 YEARS.
However, the point that should be noted here is that extension applications are possible in cases where you continue to work with the same job data.
If the foreigner starts working for another employer, his application will be considered as a new application, not as an extension application.
2. Foreigners who can obtain an INDEFINITE WORK PERMIT are listed in two cases by law;
• Foreigners with long-term residence permits and
• Foreigners who have a legal work permit in Turkey for at least 8 years.
In this type of work permit, there are no restrictions like in a temporary work permit.
Foreigners can work independently or for more than one employer, provided that they notify the relevant ministry in time.
An indefinite work permit provides the foreigner with almost the same opportunities as Turkish citizens, except for some rights and duties.
INDEPENDENT WORK PERMIT is a type of work permit that can be given to foreigners who will work in Turkey on their own behalf and account.
However, in order to apply for this work permit, one must meet one of the conditions listed in foreign legislation. Foreigners who can be granted independent work permits are listed as follows in the legislation;
• Professionals to be determined by the General Directorate,
• Cross-border service providers working independently or affiliated with an employer established abroad, whose activities in Turkey will provide services beyond the periods foreseen within the scope of the first paragraph of Article 48,
• Established in accordance with the Turkish Commercial Code No. 6102 dated 13/1/2011; Foreigners who are directors of limited companies who are company partners, board members who are company partners of joint-stock companies, and foreigners who are managers and general partners of limited companies whose capital is divided into shares,
• Foreigners who are partners and managers of other companies established in accordance with Law No. 6102.
HOW TO APPLY FOR A WORK PERMIT?
Work permit applications can be made in two ways:
1. DOMESTIC APPLICATIONS
If the work permit application will be made in Turkey, the prerequisite is that the foreigner has a valid residence permit for at least 6 MONTHS.
However, in some cases these conditions are not required.
For domestic applications, foreigners apply directly to the Ministry of Labor and Social Security.
2. FOREIGN APPLICATIONS
Applications for work abroad are made to the Turkish Embassies and Consulates General in the country where the foreigner is a citizen or legally resides.
If the foreigner's work permit application is approved, the foreigner must come to Turkey WITHIN 6 MONTHS, otherwise the work permit will be cancelled.
CAN A WORK PERMIT REPLACE A RESIDENCE PERMIT?
The work permit given to foreigners who meet the necessary conditions in the legislation and whose applications are approved also serves as a residence permit.
In this way, the foreigner who obtains a work permit simultaneously obtains a residence permit in Turkey, limited to the duration of the work permit.
When the foreigner's work permit expires, his residence permit also expires.
Within 10 days from this date, either a residence permit suitable for another situation must be obtained or a work permit must be extended.
Otherwise, the foreigner will face a deportation decision.
WHEN SHOULD THE APPLICATION FOR WORK PERMIT EXTENSION OR RESIDENCE PERMIT BE MADE?
Give 60 DAYS BEFORE the expiration of the work permit. In any case, you can apply for a residence permit before the work permit expires.
ARE ALL FOREIGNERS REQUIRED TO GET A WORK PERMIT?
Some foreigners specified in international agreements or other laws to which Turkey is a party can work in Turkey without obtaining a work permit.
This situation is called "WORK PERMIT EXEMPTION".
Foreigners with work permit exemption can work in Turkey without obtaining a work permit and thus reside in Turkey.
IS HAVING A RESIDENCE PERMIT ENOUGH TO WORK IN TURKEY?
Unfortunately, having a legal residence permit will not directly give foreigners the right to work in Turkey.
CAN THOSE UNDER TEMPORARY PROTECTION APPLY FOR A WORK PERMIT?
Foreigners under temporary protection can apply for a work permit or work permit exemption 6 MONTHS AFTER receiving their temporary protection foreigner identity card.
IS IT POSSIBLE FOR FOREIGN STUDENTS TO WORK IN TURKEY WITHOUT OBTAINING A WORK PERMIT?
Foreign students also must obtain a work permit to work in Turkey.
According to the legal regulation, foreign students who receive formal education at a higher education institution in Turkey can work provided that they obtain a work permit.
Those enrolled in undergraduate and associate degree programs can apply for a work permit and work part-time after completing the first year of their education.
CANCELLATION CASE AGAINST THE DECISION TO REJECT THE WORK PERMIT APPLICATION
Since the decision to reject work permit applications is an administrative action, an annulment lawsuit can be filed in the administrative court against the rejection decision.
However, before filing a lawsuit, an objection must be made to the relevant ministry within 30 DAYS against the decision.
If the administration rejects the objection implicitly or definitively, a lawsuit can be filed in the Administrative Court where the administration that made the decision or remained silent within the filing period is located.