Regulation on the employment of temporary protection holders in Turkey

REGULATION ON THE EMPLOYMENT OF TEMPORARY PROTECTION HOLDERS IN TURKEY

Published in Official Gazette (No: 29594, 15 Jan 2016)

Work permit requirement: Aricle 4 – Temporary Protection Holders are not permitted to work in Turkey without valid work permit. For the Temporary Protection Holders who work without work permit and for the employers or employer representatives who employs Temporary Protection Holders without work permit, penal provisions of Law no 4817 on Work Permits of Foreigners (dated: 27.02.2013) will be applicable.

Work Permit & Work Permit Exemptions Applications: Article 5 – Temporary protection holders can apply for work permit after six months of their Temporary Protection Registration date. Work permit Applications shall be made through e-government portal by the employers of Temporary protection holders. Those temporary protection holders who are eligible to apply for Independent Work Permit shall make their own applications. Those temporary protections holders who will be employed in the agriculture and stockbreeding sector are exempted from work permit and their applications will be made through the governorship offices.

Geographical Limitation : Article 7 – Temporary protection holders only have a right to apply for work permit, within those cities where temporary protection holders are allowed to stay in accordance with article 24 of the Temporary Protection Regulation.

Labour Quote: Article 8 – In general total number of temporary protection holder employees cannot exceed 10 percent of Turkish National Staff Employment in an organisation. In those companies and Organisations who employ less than 10 Turkish national, only one temporary protection holder can be employed. In the case that if it is understood by the records of Turkish Labour Institution (İş-Kur) that no Turkish National employment in the same quality can be obtained from domestic labour market within four weeks, this quote can be extended

Compensation: Article 10 – Monthly salaries of temporary protection holder employees cannot be less that Turkish Minimum Wage.

Employment in Associations, Foundations and NGOs: Article 11 – Those associations who work for public benefit in accordance with Law no: 5253 on Associations (Art. 23) and those tax-exempt foundations determined in accordance with law no:4962, may apply for employment of Temporary Protection Holders. Other associations, foundations, NGOs and representations of International Non-Governmental Organisations might also apply for employment of Temporary Protection Holders. However in granting work permits, affirmative opinion of Ministry of Interior is asked for the latter.