Navigating Work Permits for Foreigners: A Comprehensive Guide
In the landscape of international business, navigating the intricacies of work permits for foreigners is crucial for companies aiming to operate within Turkish borders.
Understanding the criteria, exemptions, and application processes outlined in the “International Workforce Law No. 6735” is fundamental for both employers and foreign employees alike.
Understanding Mandatory Assessment Criteria
According to Article 13 of the Regulation on the Implementation of the Law on Work Permits of Foreigners, several mandatory assessment criteria govern work permit applications for foreigners. Key points include:
- Employment Quotas: Workplaces applying for work permits must employ at least five Turkish citizens. This requirement extends to foreign partners, with a condition that the employment of Turkish citizens applies for the preceding six months of the one-year work permit.
- Financial Requirements: Workplaces must meet specific financial criteria, such as a minimum paid-up capital or gross sales, to qualify for work permits.
- Salary Considerations: The monthly salary offered to the foreign employee must align with their duties and qualifications. Various professions have specific salary multiples based on the minimum wage.
- Sector-specific Conditions: Certain sectors, such as entertainment, tourism-animation, and enterprises with licensed facilities, have additional criteria for work permit applications.
- Exemptions: Certain categories of foreigners, such as parents or children of Turkish citizens, residents within matrimony with a Turkish citizen, and others, are exempt from some assessment criteria.
Foreign partners seeking work permits face distinct requirements. For instance, managing partners of limited liability companies and board members of joint-stock companies may apply for work permits under specific conditions outlined in the Turkish Commercial Code.
Non-resident members of the board of directors of joint-stock companies established under Law No. 6102 and non-executive partners of other companies fall within the scope of work permit exemption.
Additionally, cross-border service providers engaging in activities in Turkey for up to ninety days within a one hundred eighty-day period are also considered exempt from work permit requirements.
Application Procedures
Work permit and work permit exemption applications can be made directly to the Ministry of Labor and Social Security within Turkey or through Turkish embassies or consulate generals abroad.
Work permit applications must be made for each foreigner individually and will be assessed within 30 days if all required documents are provided.
Navigating the landscape of work permits for foreigners in Turkey demands a comprehensive understanding of legal regulations, financial prerequisites, and sector-specific conditions.
By adhering to the guidelines set forth in the International Workforce Law No. 6735 and related regulations, businesses can ensure compliance while harnessing the talents of foreign expertise to contribute to the Turkish economy.
For expert legal counsel and assistance with work permit applications, contact Bayraktar Attorneys today. Let us help you navigate the intricate landscape of international employment regulations.
