Work permits given to foreign nationals and their scope are regulated in the International Labor Law No. 6735 and the Implementation Regulation of the Law on Work Permits for Foreigners.
Work permits for foreigners are issued by the Ministry of Labor and Social Security. However, it should be noted that this permission is not permanent.
Work permit applications accepted by the Ministry of Labor and Social Security may be canceled ex officio upon the request of the foreigner or the employer or for reasons arising from the law.
With the cancellation of the work permit, the foreign national cannot work in Turkey unless he makes a new application and his application is accepted.
If a foreign national whose work permit has been canceled is found to be working, an administrative fine is imposed on the employer.
REASONS FOR CANCELLATION OF WORK PERMIT
The reasons requiring the cancellation of the work permit are listed in Article 15 of the International Labor Law No. 6735.
Accordingly, the reasons for cancellation of the work permit are as follows:
• The foreigner does not enter Turkey WITHIN 6 MONTHS from the validity date of the work permit.
• Failure to extend the validity period of the foreigner's passport or passport substitute document.
• It is determined that the foreigner is working contrary to the provisions specified in the law.
• Termination of the foreigner's employment for any reason.
• It is determined after the work permit is granted that the work permit application was made with false or misleading information and documents.
• The foreigner is within the scope of the turquoise card and the information and information requested within the transition period
• Failure to submit documents or realizing that they have lost their qualifications.
• According to the Foreigners and International Protection Law No. 6458, the foreigner's
1- He/she is one of the foreigners who will not be allowed to enter Turkey,
2- You are among the foreigners who will not be granted a visa,
3- It is determined by the Ministry of Internal Affairs that he is one of the foreigners for whom a deportation decision will be taken.
• The foreigner is not allowed to stay in Turkey for reasons of public order, public security or public health.
Notifying the relevant public institutions and organizations that there is a problem in its operation.
• Except for compulsory reasons such as health reasons or compulsory public service, the foreigner;
1- For periodic work permits, six consecutive months,
2- Staying outside Türkiye continuously for more than one year on independent and indefinite work permits.
• If the foreigner has a Turquoise Card, the duration of his stay abroad is determined by the Ministry.
exceeding the specified period.
IS IT POSSIBLE TO CANCEL A WORK PERMIT BY THE EMPLOYER?
Employers who employ foreign workers can also apply for the cancellation of the foreign worker's work permit.
However, the employer's application for cancellation of the work permit does not mean that the employee loses his or her legally protected rights against the employer.
In such cases, a dispute arises between employer and employee, independent of the relationship between the administration and the foreigner.
WHAT ARE THE CONSEQUENCES OF WORK PERMIT CANCELLATION?
The decision is notified to the foreigner whose work permit has been canceled by the relevant administration.
In the notification, the Ministry warns the foreigner to submit the original work permit to the relevant Ministry WITHIN 1 WEEK from the date of notification.
A foreigner whose work permit has been canceled becomes legally unable to work in Turkey.
IF THE WORK PERMIT IS CANCELED, WILL THE RESIDENCE PERMIT ALSO TERMINATE?
A work permit also serves as a legal residence permit for foreign nationals.
If the foreigner's residence permit is based on a work permit, of course, the residence permit will expire with the cancellation of the work permit.
However, a residence permit is not always dependent on a work permit.
If the work permit of a foreigner who has been granted a valid residence permit in Turkey for any reason other than a work permit loses its validity, it does not affect the residence permit.
For example, the foreigner may have a short-term residence permit based on the acquisition of real estate and then obtain a work permit. In such a case, even if the work permit is canceled, the residence permit will not lose its validity if the foreigner continues to acquire real estate and meets the conditions in the law.
WHAT CAN BE DONE AGAINST CANCELLATION OF WORK PERMIT?
Article 21 of the International Labor Law No. 6735 stipulates the ways for a foreigner whose work permit has been canceled to appeal to the relevant Ministry and file an annulment case in administrative jurisdiction.
According to this; The foreigner who has been notified of the cancellation of the work permit application may object to the Ministry of Labor and Social Security WITHIN 30 DAYS from the date of notification of the transaction.
If the objection is rejected by the administration, the foreigner may file a CANCELLATION CASE in the Administrative Court. Since the decision to cancel the work permit is also an administrative action, the foreigner will request the annulment of the decision to cancel the work permit from the Administrative Court.