indexIf international agreements are not agreed otherwise,foreigners working in Turkey are subject to permission. Generally permission is taken before starting work but according to Law on Work Permits of Foreigners Article 4 other cases are settled too: “Unless not stipulated to the contrary by bilateral and multilateral agreements in which Turkey stands as a party, foreigners are required to acquire a work permit before starting work in Turkey independently or as employed. In cases the national benefit requires so or due to reasons of force majeure, a work permit may be issued after the subject foreigner starts working, on condition that the related authority is notified, that the duration of work does not exceed one month and there is Ministerial.”

Work permits are organized under 4 main headings:

  1. Work Permits for a Definite Period of Time
  2. Work Permits for an Indefinite Period of Time
  3. Independent Study Permit
  4. Exceptional Work Permit

If the applicant is in Turkey, the applications will be made to The Ministry of Labor and Social Security. If the applicant is abroad, the applications will be made to the consulates, The Consulate sends the applicants to the Ministry of Labor and Social Security. The Ministry evaluates the applicants by receiving opinions from the relevant authorities and gives work permission to foreigners who seem to be positive. Foreigners may stay and work in Turkey for the period specified in their work permits. The documents given at the time of application vary according to the applicant’s profession but generally the documents required are:

  1. An example of residence permit for at least six months valid at the date of application, except for residence permits granted for educational purposes in Turkey for applicants to be made in Turkey
  2. If applicants don’t have any residence permit, copy of business arrangement
  3. Copy of passport
  4. Diplomas certified by a sworn translator or official authority in Turkish translation
  5. Other documents to be requested by the Ministry of Labor and Social Security according to the job area

A work permit application is rejected if:

a) In case the conditions prevailing in the business world, developments in the labor environment, variations in the sectoral and economic conditions concerning employment are not suitable for issuing work permit,

b) In case there are persons domestically, who have the same qualifications to carry out the subject job within four weeks period,

c) In case the foreigner does not hold a valid residence permit,

d) In case the foreigner applies for a specific business or operation or a specific occupation within less than one year following the rejection of his/her previous application for the same business or operation or same occupation,

e) In case the works of the foreigner constitute a threat against national security, social structure, public order, moral values and public health.

The work permit is canceled if the reason for rejection above is found to have occurred during the study of foreigners or if it already exists but is understood to be concealed by a false statement during the application. Otherwise:

a) In case the residence permit of the foreigner invalidates for any reason or is not extended,

b) In case the duration of the passport or the substitute certificate of the foreigner is not extended (except cases in which the Ministry of the Interior or Foreign Ministry maintain affirmative considerations)

c) In case the foreigner stays abroad continuously for more than six months, with the exception of cases of force majeure work permit become invalid.

        Hukuk Desteği (Legal Support)

iletisim: [email protected]

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