Liability of notification & penal provisions in law no. 4817

In accordance with the article 18 of the Law on Work permits of Foreigners, independently working foreigners and the employers of dependently working foreigners are liable to notify the Ministry within 15 days from the starting and ending date of employment.  In the case of foreigner fails to start employment within 30 days from the date on which the work permit is issued, employers of dependently working foreigners are required to notify the Ministry within 15 days.  Work permit cancellation request of employers is considered within the liability of notification principle. Employers obliged to inform the Ministry within 15 days from the end of employment contracts of foreigners. After cancellation request filled in, employers or independently working foreigners are obliged to send original “Work Permit Certificates”  to the Ministry within 6 working days. Those Ministries, Public Institutions and Organizations with the authority to grant working permissions shall notify the Ministry of Labor and Social Security on the date they grant, extend or cancel a work permit. Similarly, Ministries, Public Institutions and Organizations employing foreign personnel shall notify the Ministry of Labor and Social Security within 30 days from the commencement of employment.  [1]

INSPECTION AUTHORITY AND PENAL PROVISIONS

Labor inspectors and Social Security inspectors are empowered with the authority of inspection to ensure the implementation of the Law on Work Permits of the Foreigners. Fulfillment of the obligations of foreigners and employers arising from the Law on Work Permits of the Foreigners, are primarily inspected by the Labor inspectors and Social Security inspectors of Ministry of Labor and Social Security. General and special budget agencies and the law enforcement officers (police and gendarme force) in determination of any breach of the provisions of the Law on Work Permits for Foreigners during their own inspections, controls or audits, notify the Ministry through their official records. Under article 21 of the Law, administrative fines mechanism is introduced as administrative sanctions against the foreigners and the employers failing to comply with the provisions of the Law on Work Permits of Foreigners. Applicable administrative fines for 2015 are as below;

(i) 417 Turkish Liras for those independently working foreigners and employers of foreign employees who fail to comply with notification procedures explained in article 18 of the Law on Work Permits of Foreigners,

(ii) 835 Turkish Liras for the foreigners who work without a work permit,

(iii) 8.381 Turkish Liras administrative fine shall be applied for each foreigner to the employers or employer representatives who employed them without work permit,

(iv) 3.350 Turkish Liras for the foreigners who work independently without work permit.[2]

Work places of foreigners who work independently without work permit shall be closed by the decision of Ministry. In the case of repetition of breaches listed above, the administrative fines shall be doubled.[3]

[1] Law No. 4817, Art. 19

[2] Ministry of Labor and Social Security, Retrieved from the web site;  http://www.csgb.gov.tr/csgbPortal/ShowProperty/WLP%20Repository/yabancilar/anasayfa/ipc on 15.01.2014

[3] Law No. 4817, Art. 21