Work 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.
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.
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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