ingilizce Ci

Sık kulanılanlara ekle l Anasayfan yap

	Legal regulations for foreigners employed in Turkey


	In legal terms, an alien is a person who is not a citizen of the Republic of Turkey. After the implementation of a law in 2003, the employment and training of foreigners are now subject to prior permits. The continued advances in technology mean we live in an ever-shrinking world where every capital and labor movement can create fluctuations in international employment and labor economies. This also has a socio-economic impact on our country’s labor environment that is based on the fine balance between several variables. The most visible effects include the rising unemployment rate and the increased number of illegal workers in the country. Many of these illegal workers are foreigners. In legal terms, an alien is a person who is not a citizen of the Republic of Turkey. The increasing difficulty in managing foreign workers has been caused in large part by the lack of standardization of controls among the institutions that have the power to grant permits as well as the need to comply with harmonization efforts to EU standards. The unfair competition caused by employment of illegal workers gave way to the adoption of Law no. 4817, which vested full authority in the Labor and Social Security Ministry with regard to the employment of foreigners in our country. After the implementation of this law in 2003, the employment and training of foreigners are now subject to prior permits. The same law also outlines details of alien permits and the principles governing their employment in Turkey. This regulation is particularly important at a time when the number of foreign workers employed in Turkey is on the rise. However, despite the new law, there are still a substantial number of foreigners who are working illegally. The issue of illegal alien workers is so serious that while the number of workers employed under the new permit regulations is 26,097, the number of illegal workers is estimated to be several million. Under the current legal arrangements, unless envisaged otherwise in bilateral or multilateral conventions Turkey is party to, foreigners are required to obtain a work permit ahead of their employment in the country. Under some rare conditions, the permit may be granted after the commencement of employment. Therefore, a foreigner seeking employment in Turkey should follow the steps described below:


	First, he or she should file an application for a work permit through the relevant Turkish mission, Second, he or she should obtain a visa in connection with the permit at the relevant Turkish mission, Third, before employment, he or she should obtain a residence permit from the relevant security directorate for the purpose of employment. The few exceptions to these steps are in the cases when there is no visa requirement, or if the employee is able to obtain the work permit in Turkey. Which foreigners are not required to obtain work permits? Those who dropped their native Turkish citizenship with prior approval may benefit from the labor rights enjoyed by regular Turkish citizens. They are not required to obtain a work permit, visa or residence permit for employment in Turkey. Foreign reporters and press members do not have to obtain work and residence permits for employment in Turkey. However, the employer is obligated to inform the Labor Ministry of the most recent status of the relevant press member (i.e., commencement of employment, interruption of employment or its termination). Foreigners employed by ministries other than the Labor Ministry are not required to obtain work permits or visas. Foreigners who fall into the exemption category because of reciprocity, general principles of international law and European Union law do not need a work permit or visa for employment in Turkey. For instance, in the case of Turkey’s accession to the EU, the notion of alien will transform, so the legislation has already been harmonized to ensure adaptation for the future situation. In addition to the above categories, the following groups of foreigners are entitled to employment in Turkey without obtaining a work permit subject to the compliance of their obligations under the relevant laws. It should be noted that their entitlements are considered a legally exceptional right.

	a- Those who are exempted from work permit regulations under bilateral and multilateral conventions that Turkey is party to. b- Foreigners with outside residence who come to Turkey for scientific, cultural or artistic activities that will last less than a month. c- Those who are called in Turkey to give training on the use, assembly, maintenance and repair of imported machines and equipment, or to take delivery of equipment or to repair equipment broken in Turkey, with the condition that their stay should not exceed three months and the purpose of the trip should be proven via certified papers. d- Those who are in Turkey for the purpose of giving training on the use of exported or imported goods and services, with the condition that their stay should not exceed three months and the purpose of the trip should be proven via certified papers. e- Those who are in Turkey for a period of no more than six months as an attendant or performer in fairs or circus performances staged in Turkey. f- Foreigners who are in Turkey for educational purposes, either in universities or public institutions. In this case, the stay is limited to the study period and subject to the submission of certified proof. g- Those whose names are referred to the relevant authorities as major contributors to Turkey in the socio-economic, technological or educational fields, with the condition that their stay should not exceed three months, h- Students who are in Turkey for internship opportunities provided within reciprocal practices or student exchange programs. The stay is limited to the internship period. i- Foreigners who will work in national or international projects that will be implemented by consortiums or in compliance with bilateral or multilateral agreements Turkey is party to, or in international organizations, with the condition that their stay should not exceed one year. j- Foreigners who are based in Turkey as tour operator representatives whose term does not exceed six months within one year. k- Foreign soccer players or other athletes and their trainers whose requests are approved by the Turkish Soccer Federation or Youth and Sports General Directorate.

	Foreigners who fall into one of the above categories are not required to obtain a work permit. However, they are required to notify the relevant local security authorities of their purposes for staying in Turkey, how long their stay will last and where they will be accommodated. Procedure for filing work permit application Aliens may file their work permit applications inside or outside Turkey by filling out the relevant forms and attaching the accompanying documents. The applications should be filed with Turkish missions abroad, and the Labor and Social Security Ministry inside Turkey. Police arrest and deport foreign workers who don't have work permits Foreigners are required to file their applications with the Turkish mission in either their native or residence country. The relevant mission first reviews the application and then forwards it to Labor and Social Security Ministry along with its own assessment. Foreigners who obtained a work permit for employment in Turkey are required to request a visa within 90 days and a residence permit within 30 days after their entrance into Turkey. Without a visa and residence permit, a work permit will not be valid. If the foreigner holds a non-expired residence permit of at least six months, he or she or their employer may file work permit application directly with the ministry. However foreigners who are in Turkey for study purposes are not considered in this category. Even if they have a six month residence permit, they have to file their work visa with the relevant Turkish mission. The Labor and Social Security Ministry reviews the work permit applications and responds the permit requests within 90 days of the filing of the application after consultations with other relevant public and professional institutions. In its review the ministry considers the information in the application forms, duration of the residence and work permit, the general conditions in the relevant market, recent developments in labor environment, economic and geographic conjectural changes regarding employment and the relevant documents that would justify employment of an alien instead of a naturalized person, specifically a reference letter, acceptance letter or other certifications in the light of periodical reports prepared by the Turkish Labor Agency. The duration of the work permit cannot exceed the duration of labor contract or the relevant business itself. With the condition that they notify the Labor and Social Security Ministry, the Office of Prime Minister, Health Ministry, Defense Ministry, Foreign Trade Undersecretariat and Higher Education Council may grant work permits within their areas of competence. Likewise, ministries and other public institutions may employ foreign personnel within the authorities recognized to them, provided that they notify the Labor Ministry of the relevant employment. Important complementary element to a work permit: The residence permit Issuance of a passport and/or a visa does not directly grant the right to reside in Turkey. Likewise, a work permit obtained by foreigners seeking employment in Turkey does not mean anything. The possessor of the permit should additionally obtain a residence permit to acquire the right to work in Turkey. Foreigners with a valid work permit are required to request a visa within 90 days after the issuance of the permit and residence permit within 30 days after entrance into Turkey -- this may be extended to three months subject to the availability of a bilateral agreement. The residence permit is issued by Interior Ministry Security General Directorate Provincial Units.

	To obtain a residence permit, foreigners are required to obtain a visa from the Turkish mission based in their native country and declare how they will ensure their economic survival. In addition to a petition undersigned by the foreigner seeking employment, the following supplementary documents should also be submitted to the Provincial Security General Directorate’s Aliens Unit: Original passport Work permit (original and one copy) Declaration form (to be obtained from Security Directorate and to be filled by a typewriter), to be submitted in four copies Four photos (passport size) Following the submission of the above documents, a temporary residence permit that will be valid for three months will be immediately granted. This temporary document is handed to the neighborhood administrator, who will record the foreigner based on the document. Upon the expiration of this provisional document an extension may be requested. The maximum residence period is two years, which can be extended through application to be filed at least 15 days before expiration. Spouses and children may be recorded on the same residence permit. However every foreigner seeking employment should have a separate residence permit on his or her name. Those whose mother or father are a Turkish citizen are given a five-year residence permit. Similarly, a minor below 18 whose for mother or father is staying in Turkey with a residence permit is allowed to stay with his or her parents during their residence period. Citizens of the Turkish Republic of Northern Cyprus (KKTC) are not required to obtain a residence permit. Upon their request, they are granted residence up to five years subject to the validation period of their passports. KKTC citizens have the same rights as Turkish citizens including those regarding residence, employment, possession of property and economic and social rights.

	Types of work permits Work permits given to foreigners are classified as temporary work permits, permanent work permits, permits for independent work and permits for exceptional situations. 1 -- Temporary work permits Unless stipulated by bilateral or multilateral agreements to which Turkey is party, temporary work permits are issued by the Labor Ministry for the duration of up to one year. In doing so, the ministry considers the overall situation of the labor market, developments in the work environment, conjectural economic changes in employment, the validation period of the foreigner's residence permit and the duration of the work in question. Following the maximum one year of employment, this type of permit may be extended upon request to three years, with the condition of employment in the same profession and by the same employer; and following the completion of three-year period, it may once again be extended to six years with the condition of employment in the same profession (the employer may be different this time). Spouses or other dependents of foreigners who have been working in Turkey may be granted a temporary work permit provided that they, along with the foreigner himself, have been legal residents in the country for five years without interruption. The duration of the residency includes time spent studying, annual leave, sick leaves and unemployment insurance; however, in this case, the foreigner in question should not be a student. The foreigner's absence from Turkey for a period less than six months does not annul the work permit. Time spent outside Turkey does not count toward working time; however, those who are sent abroad by the employer and whose Social Security premiums have been paid by the Turkish Social Security Authority (SSK) are entitled to count the time they spent abroad toward employment. The residence of foreigners who failed to renew their residence permits are discounted from work permits. If necessary, compliance with the legal residency conditions may be proven by a document obtained from security authorities. 2 -- Permanent work permits Permanent work permits, unless otherwise stipulated by bilateral or multilateral agreements, are granted to foreigners who have been in Turkey as legal residents for at least eight years without interruption and as worker for at least six years. Fulfillment of the condition sought with regard to residency is proven through official documents obtained from relevant security directorates. Likewise, fulfillment of the condition with regard to labor is proven through documents obtained from relevant public institutions or professional unions. Study time does not count toward the eight-year residency duration. However study times of dependents of foreigners are exceptions. Nevertheless, in any case, foreigners who meet the above conditions should not be students in order to be employed. 3 -- Permits to work independently Foreigners seeking independent employment whose five-year legal residency in Turkey without interruption can be proved by official documents endorsed by security authorities are granted independent work permits provided that the relevant public authorities and professional unions find this employment to contribute to the economy. A foreigner whose request is approved is given a Document of Application for Independent Work, which remains in effect for three months and grants the right to file an application to initiate independent work with the ministry. 4 -- Exceptional work permits Unless otherwise stipulated by bilateral or multilateral agreements to which Turkey is party, foreigners referred to in Article 8 of Law No. 4817 may be given work permits under more flexible conditions. These include: a- Foreigners who are married to a Turkish citizen and live in Turkey with their spouse, b- Foreigners who have been married to a Turkish citizen for at least three years and lived in Turkey as legal resident and their children. Non-Turkish citizens may also apply for a work permit in exceptional cases provided that they are legal residents in Turkey. Those who have settled in Turkey by purchasing real estate or made a substantial economic investment in Turkey also fall into the same category. Foreigners in this category may prove their status through the security directorate. Because Turkey does not recognize permanent residence status for foreigners, those in this category are considered foreigners who settled in Turkey. c- Those who lost their Turkish citizenship because of legal excuses or renounced their Turkish citizenship by their own decision when choosing between different citizenships may be given work permits in exceptional cases. Those in this category may prove their status by the documents issued by Population and Citizenship Affairs General Directorate. Another case is foreigners born in or later came to Turkey before the age of legal capacity as determined by his or her own national legislation, or if stateless, by Turkish legislation, and graduated from a higher education institution in Turkey. d- Turkish-origin foreigners who are considered immigrants, refugees or nomads under Settlement Law No. 2510, but are not yet Turkish citizens, e- Citizens of the EU and their spouses and children who are not EU citizens, f- Those who work for diplomat, administrative and technical staff employed in foreign missions in Turkey -- embassies and consulates -- and the representative offices of international organizations based in Turkey, and spouses and children of diplomats and administrative and technical staff employed in Turkey-based embassies, consulates and international organizations within the framework of the principle of reciprocity, g- Foreigners who will arrive in Turkey for scientific and cultural purposes of more than one month and for the purposes of sporting activities of more than four months, h- Foreigners who are employed by ministries, public institutions and other relevant state authorities acting under the power vested by the relevant legislation as company partner, board member, general director, vice president, or other similar positions for the purpose of service and goods procurement, fulfillment of the conditions stipulated in a public tender or agreement or operation of an establishment, may be granted an exceptional work permit.

	Criminal liabilities and obligations to note about employment of foreigners Ministries and public institutions authorized to grant work permits or to employ foreigners are required to notify the Labor Ministry of the work permit grant, extension or cancellation within 30 days after the relevant action. Ministries and public institutions that employ foreigners are required to do the same with respect to the commencement of the employment within 30 days. Likewise independent foreigners and employers with foreign workers are required to make the same notification. Furthermore independent employee foreigners are required to notify the Labor Ministry of the date of work commencement or its termination within 15 days. Employers with foreign workers are required to notify the ministry of the work commencement within 15 days, in case of failure to commence work in 30 days after work permit has been granted or the termination of the employment contract within 15 days. Foreigners identified as working illegally with valid residence permits are reported to the Interior Ministry. The next action is taken in accordance with the instructions provided by the Ministry, which reviews the case. Foreigners with no valid residence permit who work illegally in Turkey based on a valid or expired visa are deported by the relevant governorates without any instruction from the Interior Ministry. In case of the recurrence of the above breaches, the administrative fines are doubled. In such cases the employer will be required to cover accommodation, travel and even the health expenses of the foreigner, his or her spouse and children until they are deported. Insurance of foreign employees and their tax liabilities Foreigners may not be considered civil servants in Turkey. For this reason, they may not benefit from the Emekli Sandığı (Retirement Fund), the social security fund specifically allocated to retired civil servants. However they may be insured through Social Insurance for the Self-Employed (Bağ-Kur) or the Social Security Authority (SSK), two separate yet interconnected social security systems mainly developed for workers. Foreigners who are insured by an insurer based in a foreign country and sent to Turkey for business-related purposes on behalf of this insurer are not considered insured in Turkey. Non-Turkish individuals who work in return for salary, wage, commission or other similar remunerations are considered insured under SSK legislation irrespective of whether they are refugees, immigrants or stateless. This also applies to citizens of countries which may or may not have social security agreements with Turkey who work in Turkey independently, but have made payment of premiums before the commencement of employment in Turkey and still make the same payments, or have retired abroad are not considered within the scope of mandatory insurance provided they submit documents indicating that they pay their insurance premiums or are retired to provincial directorates. However those who did not work in his or her country insured or whose country does not have social security institutions are required to be insured by Bağ-Kur. An unemployment insurance premium is deducted from the payments made to foreign workers in Turkey whose countries have social security agreement with Turkey on this matter. No deduction is made from payments made to other foreigners. The countries which signed social security agreements with Turkey include Germany, Albania, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Czech Republic, Denmark, Georgia, France, the Netherlands, Great Britain, Sweden, Switzerland, Turkish Republic of Northern Cyprus, Canada, Quebec, Libya, Macedonia, Norway, Romania and Luxembourg. There are ongoing works to accord similar agreements with Australia, Belarus, China, Croatia, Israel, Egypt, Moldova, Uzbekistan, Russia, Serbia, Montenegro, Slovakia and Ukraine. Aliens who settle in Turkey are considered full taxpayers whose income and revenues inside and outside the country are levied. Those who have legal residence in Turkey or who stay more than six months within a year in Turkey are considered settlers -- for this reason their incomes and revenues inside and outside Turkey are taxable. However as an exception, businessmen, scientists, experts, public servants, press members, reporters and so on who are in Turkey for a temporary and certain duty are not considered settlers even if they have stayed for more than six months. Natural non-settlers in Turkey are obligated to pay taxes for their incomes and revenues in Turkey alone. Conclusion: Aliens seeking employment in Turkey should first obtain a work permit in compliance with the legislation in effect as their employment is expected to make contributions to the alleviation of imbalances in the country’s labor force and capital accumulation. Legal incompetence as reflected in the employment of foreign workers who came from countries with relatively lower income level is rectified through Law No. 506, which stipulates insurance of the aliens and foresees significant sanctions in case of non-compliance. The International Labor Organization’s Equality of Treatment (Social Security) Convention -- which Turkey is party to -- requires equal treatment between native citizens and alien workers. Ends. *Şevket Tezel is a specialist in Human Resources and social security issues

	10.05.2007 ŞEVKET TEZEL*