Work Permits in Turkey: A Guide for Employers

What are the essential work permit requirements Turkey? A detailed guide to ensure a smooth and successful employment process in the country.

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What is Work Permit in Turkey?

A work permit can be defined as an official document which grants one the right to work in a certain country. In Turkey, the subject of work permits is regulated under the International Labour Law No. 6375 and some related regulations such as the Implementation Regulation of the Law on Work Permits for Foreigners.

Under this article, we will examine the evaluation criteria which combine various areas of law such as of course, immigration law, labour law, and commercial law, that applicant workplaces and foreigners must meet regarding work permit requests stated in Article 13th of the mentioned Regulation.

Although the mentioned Regulation is pre-dated then the above-mentioned Law No. 6375, in accordance with the provisional article 1/4 th of the mentioned law the regulation is still in effect. Consequently, the criteria which can be divided into several groups, stipulated by the mentioned regulation are valid.

Workforce and Financial Criteria

Minimum Turkish Citizen Employment

At least five Turkish citizens must be employed in the workplace where a work permit is requested. If a work permit is requested for more than one foreigner in the same workplace, the condition of the employment of five Turkish citizens will be pursued separately for each foreigner after the first foreigner is granted a work permit. For instance, a workplace that will apply to employ twelve foreign workers must already employ at least sixty Turkish workers.

Financial Criteria for Businesses

The workplace applying for a work permit must have a paid-up capital of at least TL 100,000 or gross sales of at least TL 800,000 or exports of at least USD 250,000 in the last year. However, this criterion will not be taken into consideration in the evaluation of work permits for foreigners who will work in associations or foundations.

Special Criteria for Foreign Company Partners

The foreigner who is a shareholder of the company requesting a work permit must have a capital share of at least 20 percent, not less than 40,000 TL. Also for the foreigner requesting the permit as a company partner, the five-person employment requirement is required for the last six months of the one-year work permit.

Specific Exemptions

In the evaluation of work permit applications of foreigners who will work;

• in the Turkish representative offices of foreign state airlines,
• in the education sector and
• in domestic services,
• in cases where there is a provision in bilateral or multilateral agreements to which Turkey is a party,
• in the procurement of goods and services by public institutions and organisations through contract or tender procedures
• for jobs requiring advanced technology or in cases where there are no Turkish specialists with the same qualifications, upon the approval of the Directorate General of International Labour Force,

the condition of employing Turkish workers and the economic criteria expected for businesses will not be applied.

For foreigners to be employed other than key personnel in enterprises that meet the conditions for Specific Foreign Direct Investment, the criterion of employing Turkish citizens shall be applied based on the number of Turkish citizens working in all workplaces of the enterprise throughout the country.

Salary Standards and Special Cases

In the evaluation of the work permit application, it is especially taken into consideration whether the amount of monthly wage declared to be paid to the foreigner by the employer is at a level compatible with the duties and competence of the foreigner. Accordingly, some standards proportional to the minimum wage in force as of the date of application have been set for some professions or positions.

Salary Criteria Based on Job Position

In accordance with the assessments of the General Directorate of the International Labour Force;

•  6.5 times the minimum wage for senior managers and pilots,
• 4 times the minimum wage for unit or branch managers, engineers and architects,
• 3 times the minimum wage for those who will work in jobs requiring expertise and mastery and for teachers,
• Minimum minimum wage for foreigners to be employed in domestic services,
• 1.5 times the minimum wage for foreigners working in other professions,
• 2 times the minimum wage for foreigners who will work as acrobats and similar titles in tourism-animation or organisation companies and for foreigners who will work as masseurs, masseuses and SPA therapists,

should be determined. Their gross equivalents in Turkish Lira, for the year 2024, are shown below.

Employer-specific requirements for the occupations of masseur, masseuse and SPA therapist

For the evaluation of demands for foreign employment in jobs requiring expertise and mastery, such as masseurs, masseuses and SPA therapists, the workplace must be

• At least three-star tourism enterprises certified by the Ministry of Culture and Tourism, certified holiday villages, thermal hotels or thermal hotels with an operating permit obtained from the official authorities, proving that there is a licensed massage parlour,
• Bath-sauna-SPA etc. contracted with certified tourism enterprises that have a complex (the contract must be documented.) facility or,
• Sports centre with permission from official authorities employing at least twenty (20) Turkish citizens.

Foreigners Exempted from Evaluation Criteria

The following foreigners are exempted from these criteria in the evaluation of work permits. However, in any case, they must have a work permit in order to work in Turkey. The applicant foreigner also must prove with documents that he/she is one of those listed below.

• Foreigners whose mother, father or child is a Turkish citizen,
• Foreigners who have lived in a marriage union with a Turkish citizen for at least three years,
• Foreigners who are citizens of the Turkish Republic of Northern Cyprus,
• Foreigners who have been granted a residence permit within the framework of Turkish and related community practices,
• Foreigners who have been granted a residence permit within the framework of humanitarian considerations,
• Foreigners who have been granted a residence permit as victims of human trafficking,
• Foreigners who have been granted a residence permit in stateless status.

Conclusion

The evaluation criteria, we examined in this particular article, span immigration, labour, and commercial law, emphasising the meticulous requirements for both applicant workplaces and foreign individuals seeking work permits. The criteria include workforce and financial considerations, specific exemptions based on job sectors and agreements, salary standards, and special cases, salary criteria for various job positions and employer-specific requirements for certain occupations. Exempted groups and specific exemption conditions are also specified.

How We Can Assist You?

We are aware that navigating the complexities of employing foreign workers in Turkey requires a comprehensive understanding of the legal framework outlined in the International Labour Law No. 6375 and its associated regulations.

As Viridis Legal Partners, we recognize the complex nature of work permits fuse immigration law to labour law, and are here to assist you. With our expert team of immigration lawyers and distinguished labour law attorneys in the nuanced landscape of work permits, we offer tailored legal services to simplify the application process and provide guidance on meeting the stipulated criteria. Employers aspiring to engage foreign workers in Turkey can confidently rely on our proficiency as Viridis Legal Partners to navigate the intricate legal landscape, ensuring a smooth and compliant journey.

Contact us to be your trusted legal partner in facilitating the employment of foreign personnel, delivering tailored legal support for a successful and legally sound endeavour.