Employers in Turkey who wish to hire foreign talent must navigate the work permit application process to ensure compliance with Turkish labor laws.
This post provides insights into the work permit types, eligibility requirements, and the steps employers need to take to obtain work permits for their foreign employees.
With a deep understanding of Turkish labor regulations, Bayraktar Attorneys is here to support employers in bringing valuable foreign talent into their workforce.
Legal Framework for Employing Foreign Nationals in Turkey
According to Turkey’s International Labor Force Law (Law No. 6735), foreign nationals require a valid work permit to be employed legally.
The Ministry of Labor and Social Security is responsible for issuing work permits, and each application undergoes rigorous review to ensure compliance with Turkey’s labor policies and economic needs.
Employers must demonstrate that hiring foreign employees will not displace Turkish nationals and that the foreign employee’s skills add value to the company.
Types of Work Permits for Employers to Consider
1. Temporary Work Permit: This is the most common permit for foreign employees, allowing them to work in Turkey under a specific employer for an initial period of one year. If the employee remains eligible, the permit can be renewed for two-year and three-year periods, allowing employers to retain skilled foreign talent over the long term.
2. Unlimited Work Permit: Foreign employees who have lived and worked legally in Turkey for at least eight years or who hold a long-term residence permit may be eligible for an unlimited work permit. This provides more flexibility for employers, as it removes the need for frequent renewals.
3. Independent Work Permit: While primarily intended for foreign nationals wishing to work independently, employers may find this permit useful if they are hiring contractors or freelancers with specialized skills. However, applicants must meet specific criteria regarding their business or financial status to qualify for this permit.
Work Permit Application Process for Employers
Employers in Turkey are responsible for facilitating the work permit application process for foreign employees.
The process varies depending on whether the employee is applying from abroad or is already in Turkey on a valid residence permit.
- Applications from Abroad: For employees residing outside Turkey, the application process begins at the Turkish consulate or embassy in the employee’s home country or country of residence. The employer submits necessary documents to the consulate, which then forwards the application to the Ministry of Labor and Social Security for approval.
- Applications Within Turkey: For employees already in Turkey on a valid residence permit, employers can apply directly to the Ministry on the employee’s behalf. This process is faster but still requires the submission of comprehensive documentation, including the employment contract and company details.
Employers must ensure all documents are complete and accurate, as errors can lead to delays or denials.
Frequently Asked Questions for Employers
Do Foreign Employees Need a Separate Residence Permit?
No, a work permit doubles as a residence permit. However, employers should be mindful of the permit’s expiration date, as both the employee’s work and residence permissions end if the permit expires. It is advisable to track renewal deadlines closely.
Are There Quotas on Hiring Foreign Employees?
Yes, in certain sectors and companies, there may be restrictions on the number of foreign employees that can be hired in relation to the total number of employees.
Bayraktar Attorneys can help determine if your hiring plans comply with these regulations.
What if an Employee’s Work Permit Application is Denied?
If an employee’s work permit application is denied, employers can appeal the decision by providing additional documentation or correcting any identified issues.
Bayraktar Attorneys can assist employers in preparing a strong appeal.
How Bayraktar Attorneys Assists Employers
Hiring foreign talent can bring unique skills and perspectives to a business. At Bayraktar Attorneys, we offer specialized services to help employers manage the work permit application process efficiently.
From gathering required documentation to navigating renewal applications, we ensure that each step complies with Turkish regulations, minimizing potential legal risks for employers.
For employers looking to expand their team with foreign talent, Bayraktar Attorneys provides the legal expertise needed to streamline the process and ensure full compliance.
Reach out to us to learn more about how we can support your workforce expansion in Turkey.
