İnternational labour force law (law no. 6735)

Turkish Work Permit New Law – Law on the work permit for foreigners (law no. 4817) has been changed. New Law on International Labour Force (law no. 6735) is introduced on 28 July 2016

CHAPTER ONE

Aim, Scope and Definitions

Aim

ARTICLE 1- (1) The aim of this Law is to determine, implement and monitoring policies regarding international labour and regulate the procedures and principles, authorities and responsibilities and rights and liabilities in the field of international labour to be followed in relation to work permit and work permit exemptions to be granted to foreigners.

Scope

ARTICLE 2- (1) This Law includes foreigners who apply for working or currently work, apply for having or currently having occupational training from an employer, apply to do internship or currently doing their internship in Turkey and foreign cross-border service providers who are in Turkey for rendering temporary services and real and legal entities which employ or apply to employ foreigners.

(2) Procedures and transactions in relation to foreigners who are exempt from having work permit are carried out in accordance with the provisions of this Law.

(3) Provisions of the bilateral or multilateral agreements or international conventions of which Republic of Turkey is a party, are reserved in execution of this Law.

Definitions

ARTICLE 3- (1) In execution of this Law, following terms shall have the meanings respective meanings set forth below:

a) Independent Work Permit: The work permit which allows foreigners to work in their name and account in Turkey;

b) Ministry: Ministry of Labour and Social Security;

c) Work permit: The permit which is issued as an official document by the Ministry and grants work and residence permit to the foreigner until its expiration;

d) Work permit exemption: The permit which is issued as an official document by the Ministry and grants residence permit to the foreigner until its expiration without having work permit;

e) Directorate General: Directorate General of International Labour;

f) Legal work permit duration: The time period in which the foreigners work with a work permit provided that they fulfil their legal liabilities;

g) Cross-border service provider: The foreigner who is present in Turkey temporarily and for rendering any service and paid by a source within or outside Turkey;

h) Indefinite work permit: The work permit which grants the foreigner the right to work in Turkey for an indefinite time period;

i) Turquoise Card: The document which grants indefinite work permit to the foreigner in Turkey and residence permit to his/her spouse and dependent children in accordance with the provisions of the legislation;

j) Long term residence permit: The residence permit which is granted in accordance with article 42 of the Law on Foreigners and International Protection No 6458 dated 04/04/2013;

k) Foreigner: The person who is not a citizen of the Republic of Turkey;

l) Authorized intermediary: An organization or institution authorized by the Ministry, qualities and duty framework of which are determined with regulations.

CHAPTER TWO

Determining and Implementing International Labour Policy

Determining International Labour Policy

ARTICLE 4 – (1) The Ministry is authorized to determine the policies in relation to international labour and take action in the national and international level to implement such policies taking into consideration the decisions of the International Labour Policy Advisory Board.

(2) International labour policy is determined by taking into consideration the international labour mobility and regional developments as well as decisions of the Migration Policies Board; developments regarding employment and work life; sectorial and economic periodical changes; development plans and programmes; economic, social and cultural relations with the country of which the foreigner is a citizen; bilateral or multilateral agreements or international conventions of which Republic of Turkey is a party; public order; public security and public health.

(3) The Ministry takes opinions of the relevant organizations and institutions when preparing the international labour policy.

(4) International Labour Policy Advisory Board consists of Undersecretary of the Ministry, undersecretaries of the European Union Affairs, Foreign Affairs, Economy, Internal Affairs, Development and Culture and Tourism Ministries and the Director General of International Labour under the presidency of the Minister of Labour and Social Security. According to the agenda of the meeting, representatives from relevant ministries, national and international organizations/institutions and non-governmental organizations may be invited to the meeting.

(5) The Board is responsible for monitoring the legislation improvement works, national and international developments and practices in relation to international labour and reporting policy recommendations which comply with the economic, sectorial and regional priorities of Turkey to the Ministry.

(6) Board decisions are taken into consideration by the Ministry in determining principles of the international labour policy and the international labour needs of Turkey to be recommended to the Migration Policies Board.

(7) The Board is assembled at least once a year with the agenda determine by the Chairman. Secretarial services of the Board is carried out by the Directorate General.

Monitoring and Evaluating the International Labour

ARTICLE 5 – (1) The Ministry establishes the Foreigner Application, Evaluation and Monitoring System to receive and evaluate foreigner employment requests and monitor the impacts of international labour.

(2) The Ministry might request information and documents from public organizations and institutions as well as real and legal entities in relation to the foreigners, foreigner employment needs and other provisions within the scope of this Law provided that matters in relation to public security are reserved.

(3) Procedures and principles in relation to sharing information are determined by the Ministry by taking opinion of the relevant organizations and institutions.

CHAPTER THREE

Work Permit and Exemption

Authority and Liability in Work Permits
ARTICLE 6 – (1) Work permit is granted by the Ministry on the basis of international labour policy which is determined in accordance with the article 4.

(2) Foreigners within the scope of this Law are not allowed to work or be employed in Turkey without work permit.

(3) Foreigners, who are stated to be able to work without work permit in other laws or bilateral or multilateral agreements or international conventions of which Republic of Turkey is a party, can work or be employed without work permit according to this Law.

(4) For the ones who are included in the article 18 of the Turkish Citizenship Law dated 29.05.2009 and No 5901, their right to work is reserved.

Work permit application and evaluation

ARTICLE 7- (1) Work permit applications are submitted directly to the Ministry within the country or to the Republic of Turkey Embassies or Consulate General Offices in the native country of the foreigner or where he/she is resident abroad. Work permit applications submitted abroad are submitted to the Ministry by the Republic of Turkey Embassies or Consulate General Offices.

(2) Work permit applications may also be submitted through an intermediary firm.

(3) Applications for extending the work permit are submitted within sixty days before the expiration and in any case before the expiration of the work permit. Extension applications submitted after the expiration date shall be rejected.

(4) Work permit application is evaluated in accordance with international labour policy.

(5) The Ministry considers the opinions of the public organizations and institutions as well as professional organizations with public organization status, if required.

(6) The Ministry determines the criteria to be used in evaluation of work permit application and establishing the work permit scoring system in accordance with the decisions of the International Labour Policy Advisory Board.

(7) In case of deficient information or documents in the application, the evaluation of the application shall be postponed until such deficiencies are corrected. Postponement shall not exceed thirty days except for the situations where existence of force majeure which prevents correcting such information or document deficiencies is documented by an official authority. Applications for which deficiencies are not corrected at the end of postponement duration shall be rejected.

(8) Evaluations of duly submitted applications shall be completed within thirty days provided that information and documents are not deficient.

Preliminary Permit
ARTICLE 8- (1) It is obligatory to take preliminary permit in evaluation of the work permit applications of the foreigners who will work in healthcare and education services which require professional competence.

(2) Ministry of Health for healthcare services and Ministry of National Education for education services are authorized to grant preliminary permit to the foreigners who will conduct professional activities in those services and the professions which require preliminary permit are determined by the Ministry with the opinion of the relevant ministries.

(3) In evaluation of the work permit applications of the foreigners who have preliminary permit, provisions of paragraph (d) of the first clause of the Article 9 in this Law shall not apply.

(4) Work permit to be granted to the foreign faculty members who will work in accordance with the Article 34 of the Higher Education Law dated 04.11.1981 and No 2547 shall be granted by the Ministry based on the preliminary permit to be granted by the Council of Higher Education in accordance with the legislation. In the evaluation of the work permit applications of the foreign faculty members who will work on the basis of preliminary permit, first clause of the article 9 of this Law shall not apply provided that clauses four, five and six as well as paragraphs (f), (g) and (ğ) of the article 7 of this Law are reserved.

(5) Applications for extending work permits are also subject to the preliminary permit of the relevant ministry or Council of Higher Education.

(6) Work permit applications of the foreigners who will work as R&D personnel in the companies which have R&D Centre Certificate within the scope of Law on Supporting Research, Development and Design Activities dated 28.02.2008 and No 5746 and the related legislation shall be evaluated if they are approved by the Ministry of Science, Industry and Technology.

Rejection of work permit application
ARTICLE 9- (1) As a result of evaluation in accordance with the Article 7 of this Law, applications which;

a) Do not comply with international labour policy;

b) Are submitted with fake or misleading information and documents;

c) Do not have sufficient reason for employing foreigners;

ç) Are submitted for jobs and occupations which are limited to the Turkish citizens in other laws;

d) Are related to the foreigners who do not have the necessary qualification or specialty;

e) Do not meet the evaluation criteria determined by the Ministry;

f) Are related to the foreigners who are stated by the Ministry of Interior to be included in the scope of articles 7, 15 and 54 of the Law No 6458;

g) Are related to the foreigners who are unfavourable to be employed in Turkey for public order, public safety or public health concerns;

ğ) Are submitted for citizens of the countries that the Republic of Turkey does not recognize or have diplomatic relations with, except for the approval of the Ministry of Foreign Affairs;

h) Fail to be submitted or correct any deficiencies within legal time period;
Shall be rejected

Types of work permit
ARTICLE 10- (1) If the application is approved, a work permit for maximum one year shall be granted to the foreigner at the first application provided that this period does not exceed the duration of the labour or service contract to be employed at a certain job in a certain work place which belongs to a real or legal entity or public organization and institutions or workplaces of these organizations in the same line of business.

(2) If the extension application to be submitted in accordance with the article 7 of this Law is approved, a work permit for maximum two years at the first extension application and maximum three years in the following applications shall be granted for the same employer. However, applications to be employed by a different employer shall be evaluated within the scope of the first clause of this article.

(3) Foreigners who have long term residence permit or legal work permit for minimum eight years can apply for indefinite work permit. However, the fact that the foreigner meets the application criteria shall not provide any absolute right to the foreigner.

(4) Foreigners with indefinite work permit shall have all the advantages of long term residence permit. Except for the regulations in special laws, foreigners with indefinite work permit benefit from the rights granted to the Turkish citizens provided that their acquired rights regarding social security are reserved and they are subject to the provisions of relevant legislation when using these rights. Foreigners who have indefinite work permit do not have the right to vote and stand for election or public service and military service liabilities.

(5) In accordance with the Turkish Trade Act dated 13.01.2011 and No 6102; foreigners who are;

a) Directors who are partners of limited companies;

b) Executive board members who are partners of joint-stock companies;

c) Active partners who are directors of limited partnerships divided into shares;
Can work with a work permit.

(6) Foreigners who are members of a profession can be granted independent work permit provided that they meet the special conditions specified in other laws.

(7) In evaluation of the independent work permit in accordance with the international labour policy; foreigner’s education, professional experience, contribution in science and technology, the impact of his/her activity or investment in Turkey on the economy and employment in the country, his/her capital share if he/she is a company partner as well as other matters to be determined by the Ministry in accordance with the recommendations of the International Labour Policy Advisory Board shall be taken into consideration.

(8) Independent work permit shall be granted for a definite period of time notwithstanding the time limits specified in this article.

Turquoise Card

ARTICLE 11- (1) In accordance with international labour policy, Turquoise Card is given to the foreigners whose application is approved according to their education, experience, contribution in science and technology, the impact of their activity or investment in Turkey on the economy and employment in the country as well as the recommendations of the International Labour Policy Advisory Board and procedures and principles determined by the Ministry.

(2) Turquoise card is granted provided that first three years are transition period. The Ministry might request information and documents from the employer or foreigner in relation to the activities carried out in the transition period. Transition period note on the Turquoise Card which is not cancelled according to the article 16 within transition period shall be removed upon the foreigner’s application and Turquoise Card for an indefinite period shall be issued. This application shall be submitted within one hundred and eighty days before the expiration and in any case before the expiration of the transition period. Application for removing the transition period after the expiration date shall be rejected and Turquoise Card shall be void.

(3) To the spouse and dependent children of the Turquoise Card holders, a document shall be given which indicates that they are relatives of a Turquoise Card holder and which can be used as residence permit.

(4) Turquoise Card holders benefit from the rights granted by indefinite work permit issued within this Law.

Quality of work permit

ARTICLE 12- (1) Work permit or work permit exemption granted in accordance with this law substitutes residence permit in accordance with the article 27 of the Law No 6458. However, the fact that the foreigner has residence permit except for the ones who have refugee or secondary protection status as specified in Law no 6458 does not grant any right to work.

(2) Foreigner who is granted work permit on the basis of application submitted abroad is obliged to come to Turkey within six months as of the date when the work permit takes effect. The work permit of the foreigners who do not enter into Turkey within this period shall be cancelled.

(3) If required for the country’s interests, Council of Ministers might determine, restrict, suspend partially or completely or prohibit the work permit or work permit exemption in respect of country, individual, geographical region, duration, number, rate, type, quality, sector, business and profession.

Work permit exemption

ARTICLE 13- (1) Foreigners within the scope of work permit exemption might work provided that they are granted work permit exemption.

(2) Work permit exemption are submitted directly to the Ministry within the country or to the Republic of Turkey Embassies or Consulate General Offices in the native country of the foreigner or where he/she is resident abroad. Work permit applications submitted abroad are submitted to the Ministry by the Republic of Turkey Embassies or Consulate General Offices.

(3) Work permit exemption applications may also be submitted through an intermediary firm.

(4) Clauses four, five and six of the Article 7 of this Law shall apply in work permit exemption applications.

(5) The Ministry grants work permit exemption to the foreigners whose applications are approved.

(6) The time period passed with work permit exemption shall not be taken into consideration in the calculation of legal work permit or residence permit durations.

(7) Executive board members of the joint stock companies established in Turkey according to Law no 6102 who are not domiciled in Turkey and partners of other companies who are not directors as well as cross-border service providers whose activities carried out in Turkey does not exceed ninety days within one hundred and eighty days shall be evaluated within the scope of work permit exemption.

Working for public benefit

ARTICLE 14- (1) Foreigners who have valid residence permit in Turkey can apply for work permit exemption to work in associations with public benefit society status in accordance with the Law on Associations dated 04.11.2004 and No 5253 and in the foundations which are exempt from tax in accordance with Law on Amending Some Laws and Granting Tax Exemption to Foundations dated 30.07.2003 and No 4962; provided that such employment shall not exceed their residence permit and the foreigners do not have financial or similar benefit from such employment.

(2) The Ministry concludes the work permit application taking into consideration the international labour policy as well as the foreigner’s contribution in the activities of the association or foundation in terms of public benefit, number of employees in the association or foundation who are Turkish citizens and opinions of the relevant organizations and institutions regarding the public order, public safety and public health.

(3) It is obligatory that at least two thirds of the employees in the association or foundation, where the foreigner will be employed with work permit exemption within the scope of this article, are Turkish citizens.

(4) In the event that associations and foundations lose their status specified in the first clause, the work permit exemptions granted within the scope of this article shall be cancelled.

Applications to be submitted to the Ministry of Foreign Affairs

ARTICLE 15- (1) In the diplomatic and consular representations of foreign countries in Turkey;

a) Foreigners who work in schools, cultural institution and religious institutions which are operated as organizational units are able to work with work permit exemption;

b) Foreigners who work in schools, cultural institution and religious institutions which are not considered as organizational units within the scope of Vienna Convention on Diplomatic Relations and Optional Protocols dated 18.04.1961 and Vienna Convention on Consular Relations dated 24.04.1963 are able to work with work permit.

(2) For the foreigners who work as diplomatic staff, consulate officer, administrative and technical staff and consulate attendant in the diplomatic and consular representations of foreign countries in Turkey and the foreigners who work in international organizations in Turkey as international officer and administrative and technical staff;

a) Their spouses and children as well as relatives determined according to reciprocity principle or bilateral agreement with the relative country are able work with work permit in Turkey provided that provisions of work permit exemption specified in this Law, related bilateral agreement and legislation are reserved;

b) Foreigners who work in their special service are able to work with work permit exemption in Turkey.

(3) For the foreigners specified in the paragraph (b) of the second clause of this article, their applications for work permit or work permit exemption to be submitted within the country to work with an employer who does not have the status specified in the same clause shall not be accepted.

(4) Applications within the scope of this Article shall be submitted to the Ministry of Foreign Affairs. Applications approved by the Ministry of Foreign Affairs shall be submitted to the Ministry. The Ministry shall seek the approval of the Ministry of Internal Affairs when granting work permit and work permit exemption to these applications.

Validity and termination of work permit and work permit exemption

ARTICLE 16- (1) Work permit and work permit exemption shall be void on the expiration date or upon termination by the Ministry.

(2) Apart from the foreigner or the employer’s request, work permit or work permit exemption shall be terminated in the following circumstances;

a) If the foreigner fails to enter into Turkey within six months as of the effective date of the work permit or work permit exemption,

b) If his/her passport or other travel documents are not extended, except for the approval of the Ministry of Foreign Affairs or the Ministry of Internal Affairs,

c) If it is determined that the foreigner works in contradiction with the provisions specified in this Law,

ç) If his/her employment is terminated for any reason,

d) If it is determined later that the work permit application had been submitted with false or misleading information and documents,

e) If the foreigner is within the scope of Article 11 and fails to submit the requested information and documents or it is understood that he/she has lost the necessary qualities,

f) If it is notified by the Ministry of Internal Affairs that the foreigner is within the scope of articles 7, 15 and 54 of the Law No 6458,

g) If it is notified by relevant organization and institutions that the foreigner is unfavourable to be employed in Turkey in terms of public order, public safety or public health,

ğ) If the foreigner is outside Turkey for more than six months consecutively during leaves for a definite duration or more than one year consecutively during independent and indefinite leaves, except for force majeure such as medical reasons or obligatory public service,

h) For the Turquoise Card holders, if the foreigner’s stay abroad exceeds the time period determined by the Ministry.

CHAPTER FOUR

Exceptions

Foreigners who might be granted work permit exceptionally

ARTICLE 17- (1) In accordance with the international labour policy determined by the Ministry, exemptions regarding the implementation of articles 7, 9 and 10 of this Law can be granted to the foreigners who are;

a) Evaluated as qualified labour according to their education, wage, professional experience, contribution in science and technology and similar traits,

b) Evaluated as qualified investor according to their contribution in science and technology, investment or export level, size of the employment they will provide and similar traits,

c) Employed in a project carried out in Turkey for a temporary period,

ç) Reported to be of Turkish origin by the Ministry of Internal Affairs or Ministry of Foreign Affairs,

d) Citizen of the Turkish Republic of Northern Cyprus,

e) Citizen of an EU member state,

f) Holder of international protection status, conditional refugee status, temporary protection or stateless or human trafficking victim who are benefiting from victim support process in accordance with the Law no 6458,

g) Married to a Turkish citizen and living with his/her spouse in Turkey within marriage union,

ğ) Working in the representations of foreign states and international organizations in Turkey without diplomatic immunity,

h) Coming to Turkey for scientific, cultural, artistic or sportive purposes with international success in his/her field,

ı) Cross-border service providers.

Foreigners who are included in the scope of international protection

ARTICLE 18 – (1) Foreigners who requested international protection in accordance with Law No 6458 and whose applications are not concluded yet or the conditional refugees can apply for a work permit or work permit exemption as of the date of their international protection application and foreigners who are provided with temporary protection can apply for a work permit or work permit exemption six months after their temporary protection ID is issued.

(2) When granting work permit or work permit exemption to the foreigners who have the right to apply for work permit or work permit exemption within the scope of first clause herein, the approval of the Ministry of Internal Affairs shall be sought.

(3) Having a valid work permit or work permit exemption does not grant an absolute right to stay in Turkey to these foreigners.

(4) Work permit can be granted for periods specified in article 10.

(5) Work permits or work permit exemptions shall be cancelled by the Ministry in the following circumstances;

a) Upon the notification by the Ministry of Internal Affairs in the event that international protection application is withdrawn or deemed to be withdrawn in accordance with the article 77 of the Law No 6458, international protection status is expired in accordance with the article 85 of the Law No 6458 or international protection status is cancelled in accordance with the article 86 of the Law No 6458;

b) Upon the decision of Council of Ministers or notification by the Ministry of Internal Affairs in the event that the temporary protection is cancelled with the decision of the Council of Ministers or terminated individually in accordance with the article 91 of the Law No 6458.

(6) Procedures and principles regarding the implementation and restriction of the work permit or work permit exemption application right of the applicants of international protection, holder of international protection status or the foreigners who have temporary protection by taking into consideration the decisions of Immigration Policies Committee and the international labour policy of the Ministry in terms of province, duration, sector, line of business, job and occupation shall be determined by the Ministry by taking the opinion of the Ministry of Internal Affairs.

Foreigners who will work in free zones

ARTICLE 19 – (1) Work permit applications of the foreigners who will work within the scope of Free Zones Law dated 06.06.1985 and No 3218 shall be submitted to the Ministry of Economy. As a result of the evaluation by the Ministry of Economy, foreigners who are approved to have work permit are notified to the Ministry.

(2) The Ministry grants work permit to the foreigners who are notified by the Ministry of Economy within the scope of this article, provided that the provisions of the paragraphs (f), (g) and (ğ) of the first clause in the article 9 of the Law.

(3) Articles 22, 23 and 24 of this Law shall not apply in the free zones within the scope of Law No 3218. Provisions of the Law No 3218 shall apply in the matters regulated in these articles.

Foreign students

ARTICLE 20 – (1) Foreign students who are enrolled in formal education programs in a higher education institution in Turkey are able to work provided that they have a work permit.

(2) Foreign students who are enrolled in associate degree or undergraduate programs can apply for work permit after they complete the first year of their education and they can only work part-time in accordance with the Labour Act dated 22.05.2003 and No 4857. These restrictions shall not apply to the students enrolled in formal graduate programs.

(3) Work permits granted to the foreign students do not terminate the valid student residence permit and the rights granted by this residence permit.

(4) Procedures and principles regarding the employment of foreign students are determined by the Ministry by taking the opinions of the Ministry of Internal Affairs and by taking into consideration the principles determined by the Immigration Policies Committee.

(5) In the event that the foreigners who completed their higher education in Turkey apply for a work permit within one year as of their graduation date, the application shall be evaluated in accordance with the principles determined by the International Labour Policy Advisory Board.

Foreign engineers and architects

ARTICLE 21 – (1) Foreigners who are granted the titles engineer or architect by completing their education in engineering or architecture faculties in a higher education institution in Turkey or a higher education institution abroad which are recognized by the authorities of the relevant country and the Council of Higher Education, are able to carry out engineering and architecture activities on project basis or for temporary periods by taking work permit.

CHAPTER FIVE

Objection, Liability, Inspection and Penalties

Administrative objection and judicial remedy
ARTICLE 22 – (1) The decisions of rejecting the work permit or work permit exemption and cancelling the documents drawn up are notified to the employer of the foreigner or the foreigner who have independent work permit, indefinite work permit or Turquoise Card in accordance with the provisions of the Notification Law dated 11.02.1959 and No 7201.

(2) The decisions made by the Ministry within the scope of this Law can be objected within thirty days as of the notification date. If the objection is rejected, they might seek judicial remedy.

Notification and social security liability

ARTICLE 23 – (1) Employers who employ foreigners or foreigners who have independent work permit are obliged to notify the beginning or termination of the work permit or employment within the scope of work permit exemption and any circumstances which might require that the work permit or work permit exemption is terminated to the Ministry within fifteen days.

(2) Foreigners who have work permit or work permit exemption and the employers who employ foreigners shall fulfil their liabilities arising from the social security legislation within the legal time period in accordance with the Law on Social Securities and General Health Insurance dated 31.05.2006 and No 5510.

(3) Provisions of the social security conventions that Turkey is a party of are reserved.

Inspection authority

ARTICLE 24 – (1) Whether the foreigners and employers fulfil their liabilities arising from this Law is inspected by the Ministry’s inspectors, Social Security Institution’s inspectors and social security auditors within the scope of this Law. Inspection, audit or investigations in accordance with this Law shall be carried out according to the inspection, audit and investigation provisions of the legislation to be implemented and necessary sanctions shall apply according to these provisions.

(2) In the event that it is determined by the inspection personnel of the public administrations and law enforcement officers during any inspection, investigation and control in accordance with their own legislations that foreigners and employers who employ foreigners fail to fulfil their liabilities arising from this Law, the situation shall be notified to the Ministry.

(3) Upon inspections according to the first clause and notifications according to the second clause, administrative sanctions included in this Law shall be implemented by the Provincial Director of Labour and Employment Agency in accordance with the minutes and inspection reports submitted.

(4) Administrative fines imposed in accordance with this Law shall be paid within one month as of the notification date.

(5) According to this Law, administrative fines to be imposed are;

a) Without fulfilling the obligation of notifications,

1) Four hundred Turkish Liras to the foreigners who work with an independent or indefinite work permit,

2) Four hundred Turkish Liras for each foreigner to the employer who employs foreigners,

b) Without work permit,

1) Two thousand four hundred Turkish Liras to the foreigner who is employed by an employer,

2) Four thousand eight hundred Turkish Liras to the foreigner who works independently,

3) Six thousand Turkish Liras for each foreigner to the employer who employs foreigner or the representative of such employers.

(6) If the actions specified in the fifth clause are repeated, administrative fines shall be imposed as doubled.

(7) Administrative fines imposed in accordance with this Law are registered as revenue in the Overall Budget.

(8) Foreigners who are determined to be working without work permit are notified to the Ministry of Internal Affairs to be deported.

(9) Employer or employer’s representative is obliged to bear the accommodation costs, necessary expenses for going back to their country and medical expenses when necessary for the foreigner who does not have a work permit and his/her spouse and children if any. In the event that these expenses are provided from the budget of the Directorate General of Migration Management, the amounts paid in accordance with this article shall be collected from the employer or employer’s representative in accordance with the Law on Procedures of Collection of Public Receivables dated 21.07.1953 and No 6183. Procedures and principles regarding the implementation of this clause shall be determined jointly by the Ministry of Internal Affairs and the Ministry.

CHAPTER SIX

Miscellaneous

Issuing the work permit and work permit exemption and its form
ARTICLE 25 – (1) Work permit and work permit exemption are issued separately for each foreigner and in durations 60 days shorter than the expiration date of passport or travel documents of the foreigner.

(2) Form and contents of the work permit and work permit exemption documents shall be determined by the Ministry. These documents are printed and distributed by the Ministry. Procedures and principles regarding the collection of valuable paper prices are jointly determined by the Ministry and the Ministry of Finance.

Regulations
ARTICLE 26 – (1) In relation to this Law;

a) Application terms and procedures for work permit and work permit exemptions as well as scope, types and durations thereof,

b) Foreigners and fields of business to be evaluated within the scope of work permit exemption;

c) Information and documents to be required from the foreigner and employer;

ç) Duration, scope, content, notification and similar matters in relation to taking opinion from relevant organizations and institutions;

d) Exceptional implementation of the work permit provisions and the education, wage, professional experience, contribution in science and technology for the real person foreigners, capital shares for company partners and investment or export level and size of the employment they can provide for legal entities and other similar matters;

e) Provisions regarding the implementation of the articles 7, 9 and 10 of this Law differently to the foreigners to whom exceptional work permits can be granted in accordance with the article 17 of this Law;

f) Criteria to be taken as basis in evaluation and rejection of the work permit application and creating the work permit scoring system;

g) Provisions in relation to drawing up and delivery of the documents;

ğ) Provisions regarding the cancellation and expiration of the work permit;

h) Definition and types of cross-border service providers and other provisions regarding the providers included in this scope;

ı) Provisions regarding the foreigners whom will be granted exceptional work permit provided that they are employed in a project in accordance with the article 17 of this Law and qualities of these project;

i) Procedures and principles regarding the qualifications, job description and authorization of the authorized intermediary firms;

j) Matters which might require similar special regulation and notifications regarding these matters;

k) Other provisions regarding the implementation;

Shall be regulated by regulations made by the Ministry.

(2) With joint regulations made by the Ministry of Economy and the Ministry, following matters are regulated;

a) Provisions regarding the work permit applications of the foreigners who will work in Free Zones in accordance with the Law No 3218 and granting work permit to those foreigners;

b) Other special procedures and principles regarding the definition of the personnel to be granted work permit to be employed in foreign capital companies and organizations within the scope of Law on Direct Foreign Investments dated 05.06.2003 and No 4875 as well as the work permits to be granted to these personnel.

Referenced provisions
ARTICLE 27 – (1) The references to the Law on Work Permits of Foreigners dated 27.02.2003 and No 4817 in other legislation shall be deemed to be made to this Law.

(2) “Work permit exemption verification certificate” or “work permit exemption certificate” referred to in other legislation shall mean “work permit exemption” in this Law and “work permit certificate” shall mean “work permit” in this Law.

Repealed and amended provisions
ARTICLE 28 – (1) In the Law on the Chambers of Turkish Engineers and Architects dated 27.01.1954 and No 6235;

a) Article 34 has been repealed.
b) Article 35 has been amended as follows:

“ARTICLE 35 – Foreign engineers and architects can work or be employed with a work permit granted by the Ministry of Labour and Social Security.”

c) Article 36 has been amended as follows:

“ARTICLE 36 – If foreign engineers and architects who have work permit from the Ministry of Labour and Social Security stay in Turkey for over one month, they shall be registered as a temporary member by applying to the chamber which is closest to their specialty.”

(2) In the “Valuable Papers Chart” which is affiliated to the Law on Valuable Papers dated 21.02.1963 and No 210, 4th row has been amended as follows and following rows has been added to the same chart:

“4. Residence permit TRY 58.50”
“16. Foreigner work permit certificate TRY 58.50
17. Work permit exemption certificate TRY 58.50”

(3) In the Law on Charges dated 02.07.1964 and No 92;

a) “Work permit, work permit exemption” expression is added following the “residence permit” expression in the paragraph (6) of the first clause of the first article.

b) Title of the Chapter Six is changed as “Passport, Residence Permit, Work Permit, Work Permit Exemption, Visa and Ministry of Foreign Affairs Certification Charges”.

c) “Work permit, work permit exemption” expression is added following the “residence permit” expression in the first clauses of the articles 83 and 93.

ç) “Work permit, work permit exemption” expression is added following the “residence permit” expression in the first clauses of the articles 84, 89 and 94.

d) “Work permit, work permit exemption” expression is added following the “residence permit” expression in the first sentence in the first clause of the article 85 and paragraph (g) of the same clause.

e) Paragraph (h) of the first clause of the article 88 has been amended as follows and following paragraph has been added to the same clause.

“h) The ones who have work permit or work permit exemption from the Ministry of Labour and Social Security.
i) Holders of Turquoise Card and their spouse and non-adult or dependent children of them who are also foreigners.”

f) “Work permit and work permit exemption” expression is added following the “renewed residence permit” expression and “Work permit, work permit exemption” expression is added following the “lost residence permit” expression in the in the first clause of the article 90.

g) Title of the Tariff No (6) was amended as “Passport, Residence Permit, Work Permit, Work Permit Exemption, Visa and Ministry of Foreign Affairs Certification Charges”.

ğ) Section (IV) of the Tariff No (6) has been amended as follows:

“IV – Work permit and work permit certificates to be granted to the foreigners:
1. Temporary work permit and work permit exemption certificate:

Up to 1 year (including 1 year) (Time extensions are subject to charge in the same amount for each year.) TRY 500

2. Indefinite work permit certificate: TRY 5.000

3. Independent work permit certificate: TRY 5.000

Ministry of Foreign Affairs is authorized to determine the work permit charges in accordance with the reciprocity principle. No charges shall apply to the foreigners who have work permit exemption valid for less than three months and holders of Turquoise Card and their spouses and non-adult or dependent children.”

(4) The expression “It is notified to the Ministry of Internal Affairs by the Council of Higher Education and as a result of approval within two months” in the second clause of the article 34 of the Higher Education Law dated 04.11.1981 and No 2547 has been amended as “as a result of the work permit to be taken from the Ministry of Labour and Social Security following the preliminary permit to be granted by the Council of Higher Education”.

(5) In the Law on Organization and Duties of the Ministry of Labour and Social Security dated 09.01.1985 and No 3146;

a) Following paragraph has been added following the paragraph (d) of the first clause of article 2 and other paragraphs have been continued accordingly:

“e) Policy making in accordance with international labour and conducting activities on the national and international level in relation to the implementation of this policy”.

b) Following paragraph has been added following the paragraph (d) of the first clause of article 8 and present paragraph (e) has been continued as paragraph (f):

“e) Directorate General of International Labour,”

c) Paragraph (h) of the first clause of article 9 has been repealed.

ç) The article 12/A below has been added following the article 12 and present article 12/A has been continued as article 12/B:

“Directorate General of International Labour
ARTICLE 12/A – Duties of the Directorate General of International Labour are;

a) Conduction activities on the national and international level in relation to employment of foreigners and labour migration and carrying out works and transactions in relation to work permit exemption.

b) Policy making in relation to international labour and carrying out activities on the national and international level for implementation of this policy.

c) Contributing in the negotiations, preparation and amendment of the labour contracts and social security conventions to be signed with foreign countries.

d) Carrying out works and transactions in relation to international labour migration.

e) Preparing and implementing national and international projects in relation to international labour.

f) Collecting, analysing and reporting data in relation to the qualifications of the foreign employees and Turkish citizens living abroad by using Foreigner Application, Evaluation and Monitoring System.

g) Carrying out works in relation to its field of activity in making national migration policy.

h) Correspondence with the international organizations operating in its field of activity and carrying out works with these organizations.

i) Monitoring international trends, labour potential and mobility with the purpose of providing competitive advantage to our country.

j) Carrying out promotion activities abroad in relation to providing highly qualified labour to our country, participating in national and international exhibitions and organizations and opening promotion offices when necessary.

k) Monitoring international developments in the fields of culture, art, economy and sports and improving cooperation with related organizations, institutions and countries and carrying out mutual projects when necessary,

l) Carrying out activities to bring in qualified people living abroad who are prominent in any field with their education, professional experience and contribution in science and technology.

m) Carrying out activities to bring the foreigners who are trained in the fields of science, technology, R&D and innovation.

n) Carrying out secretarial services for the International Labour Policy Advisory Board.

o) Carrying out similar tasks to be assigned by the Ministry.”

d) “Director General of International Labour” expression is added following the “Director General of Occupational Health and Safety” in the first clause of article 26.

e) The row below has been added following the row (4) in the Main Service Units section of the Annexed Chart 1 and the present row (5) has been continued as row (6).

“5. Directorate General of International Labour”

(6) The expression “Law on Work Permits of the Foreigners No 4817” in the first clause of the article 12 of the Law on Free Zones dated 06.06.1985 and No 3218 has been repealed.

(7) Law on Work Permits of the Foreigners dated 27.02.2003 and No 4817 has been repealed.

(8) Second, third and fourth sentences in the clause (g) of the article 3 in the Law on Direct Foreign Investments dated 05.06.2003 and No 4875 have been repealed.

(9) First sentence in the first clause in the article 4 of the Law on Employing Contracted Health Personnel in the Places Experiencing Difficulty in Staff Supply and Amending Some Laws and Decree Laws dated 10.07.2003 and No 4924 has been amended as follows and the following sentence was added to the second clause following the first sentence:

“It is obligatory that the personnel to be employed on contract meets the criteria specified in the sub-paragraphs (4), (5), (6) and (7) of the paragraph (A) of the first clause in the article 48 of the Public Servants Law No 657 and the qualifications specified in the Annexed Chart (1) as well as the special conditions required by the service to be determined by the Ministry.”

“However, the requests of the foreigners to be employed in such positions depends on whether a Turkish citizen has applied for the same position and the procedures and principles in relation to the placement, appointment and transfer of the foreigners are determined by the Ministry.”

(10) Following paragraph has been added following the paragraph (a) in the first clause of the article 12 of the Turkish Citizenship Law dated 29.05.2009 and No 5901 and other paragraphs have been continued accordingly:

“b) Foreigners who have residence permit in accordance with the paragraph (j) of the first clause of article 31 in the Law on Foreigners and International Protection dated 04.04.2013 and No 6458 and holders of Turquoise Card and their spouses and non-adult or dependent children who are also foreigners.”

(11) In the Law on Foreigners and International Protection dated 04.04.2013 and No 6458:

a) Following paragraph has been added to the first clause of the article 3:

“y) Authorized intermediary firm: The organization or institution qualities and duty framework of which is determined with regulations and authorized by the Directorate General,”

b) Following clause has been added to the article 21:

“(7) Residence permit applications can also be submitted by the authorized intermediary firm.”

c) Second sentence of the first clause in the article 27 has been repealed.

ç) Following paragraphs have been added to the first clause of the article 31 and second clause of the same article has been amended as follows and the following clause has been added to the same article:

“j) Foreigners who are not working in Turkey but will make an investment in the scope and amount to be determined by the Council of Ministers and their spouses and non-adult or dependent children who are also foreigners,

k) Citizens of the Turkish Republic of Northern Cyprus”

“(2) Except for the paragraphs (j) and (k) of the first clause, short term residence permit can be granted for maximum two-year periods.”

“(5) Residence permits granted within the scope of paragraphs (j) and (k) of the first clause can be granted for maximum five-year periods.”

d) Paragraph (c) of the first clause of the article 33 has been repealed and following clause has been added to the same article.

“(2) Procedures and principles regarding the termination of residence permit in terms of duration of staying abroad are regulated by a regulations.”

e) The expression “two years” in the first clause of the article 34 has been amended as “three years”.

f) Paragraph (d) of the first clause of the article 36 has been repealed and following clause has been added to the same article:

“(2) Procedures and principles regarding the termination of residence permit in terms of duration of staying abroad are regulated by a regulations.”

g) Following clause has been added to the article 38:

“(5) Residence permit can be granted to the foreigners who will have education in Turkey who came to the country by way of public organizations and institutions for the duration of their education.”

ğ) In the first sentence in the first clause of the article 41, “formal” expression gas been added following the expression “in Turkey” and the expression “it cannot be more than 24 hours in a week” in the second sentence of the same clause has been amended as “regulated by relevant laws”.

h) In the paragraph (d) of the third clause of article 105, the expression “foreigners who will come in accordance with the foreign labour Turkey requires and for the seasonal jobs in the field of agriculture in accordance with the opinions of the Ministry of Food, Agriculture and Livestock” has been amended as “Turkey’s foreign labour requirements”.

(12) Positions included in the list annexed to this Law created and annexed to the section of the Ministry of Labour and Social Security in the chart (I) annexed to the Decree Law on General Staff and Procedure dated 13.12.1983 and No 190.

Transitory Provisions
PROVISIONAL ARTICLE 1 – (1) Work permits granted by the Ministry in accordance with the provisions of the legislation in effect before the date when this article takes effect or by other public organizations and institutions based on the authority granted by other laws shall be valid until their expiration date. Such work permits shall be void on their expiration date or if they are terminated in accordance with the article 16.

(2) Indefinite work permits granted by the Ministry in accordance with the provisions of the legislation in effect before the date when this article takes effect which are still valid shall continue to be valid unless they are not terminated.

(3) For work permit applications which were submitted before the date when this article takes effect and which are in progress, the provisions of the legislations in effect before the amendments with this Law which are in favour of the applicant shall apply.

(4) Until the arrangements in relation to the execution of this Law takes effect, the provisions of the present regulations which are not in contradiction with this Law shall continue to apply.

(5) The Minister of Labour and Social Security is authorized to redistribute the deputy director general and department head positions present in the Ministry among the departments for six months as of the date when this article takes effect without any need for any other transaction.

Enforcement
ARTICLE 29 – (1) This Law takes effect as of its publication date.

 

WHAT IS NEW? NEW LAW ON INTERNATIONAL LABOR