Working in Turkey - by Expatia

The following is prepared by Neşe Yahya - Expatia:

According to Act No:4817 on "Work Permits for Foreigners" which entered into force on 06.09.2003, foreigners who intend to work in Turkey have to receive permission beforehand from the Ministry of Labour and Social Security.

Applications for work permits are done either from abroad or domestically from Turkey. However, only foreigners who have been granted residence permits in Turkey with validity period of at least six months may apply for work permits to the Ministry of Labour and Social Security in Ankara, Turkey (Still, 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 abroad) Other than that, all other applications for work permit are submitted from abroad through the foreign representations of Turkey. Thus, foreigners who have come to Turkey by tourist visa or the visa exemption programs between two countries, and who do not have any residence permit shall not be accepted from within the country.

The work permits are evaluated by the Ministry of Labor, in due consideration of the developments in the labor scene within Turkey, conditions prevailing in the business world and variations in the industrial and economic conditions concerning employment.

If the evaluations conducted yield positive results, the work permits shall be communicated in writing to the foreign employee, or to his/her employer in Turkey.
It is important to know that while the employee puts a claim for work visa in the relevant Turkish Embassy abroad, the employer makes a simultaneous application in Turkey by submitting a file to the Ministry of Labour and Social Security, Department for Work Permits for Foreigners. There should not be more than 3 working days between the employee's and the employer's applications. Therefore, it is advised that foreigners planning to work in Turkey make their application only after they have checked that their employers are ready as well to submit an application so that both applications can be combined and processed.

For the application of work permit for Turkey, the first requirement is to have a letter of job offer or employment contract on which the application could be based since work permit applications are always for a specific position and they are employer driven.

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 cases where the application had been made from the Representative of the Turkish Republic abroad, upon receiving the approval of the Ministry for a work permit application, the applicant is immediately notified of the result and is required to come to the Consulate again with his passport to get the work visa that is the stamping of the work permit in his passport. Besides, foreign employees who obtain a work permit are obliged to submit a request for an entrance visa to Turkey within 90 days as of the date of the receipt of the work permit. Additionally, they need to apply to the Foreign Affairs Department of the Police Headquarters in the city where the head office of the employer is located for obtaining a residence permit. The application has to be made within 30 days as of the date of entry into Turkey. Without a visa and residence permit, a work permit will not be valid.

During the initial application, work permits are granted for a maximum period of 1 year. The period of validity of the work permits are extended for an additional period of 2 years, on condition that the required applications are submitted within the specified deadlines (at least 2 months prior to or 15 days subsequent to the expiry of the work permit), and that the foreigner remains in the same place of business and within the same profession. At the end of the concerned period of 3 years, the employment period may be extended for another 3 years, without the obligation to work with the same employer.

Employees who have resided in Turkey for at least eight years legally and in an uninterrupted manner, and who have been legally employed for a total period of six years, become entitled to get a work permit for an indefinite period of time.

Provided that foreigners have resided in Turkey for at least five years legally and in an uninterrupted manner, foreign employees are also granted the permission to work in Turkey as self-employed individuals.

Applications for extension of a given work permit can be made in Turkey if accompanied by a valid residence permit.

When applying to the Ministry of Labor and Social Security, the following documents are required:
A) Documents requested from Foreigners
· Written request for work permit addressed to the Ministry of Labour and Social Security,
· Foreign Personnel Application Form : The Foreign Personnel Application Forms shall be prepared in 4 copies and each of the forms shall be completed completely and in legible form in Turkish. Each form shall include a photograph of the personnel to be employed, which has been taken within the last six months, and all of the forms shall bear the original signature of the Foreign Personnel and the Employer. (Photocopy signatures are not acceptable.)
· Copy of passport certified by Notary Public with Turkish translation,
· Copy of Diploma certified by Notary Public with Turkish translation,
· For applications filed from Turkey, valid Residence Permit,
(The period of the Residence Permit has to be at least six months and the application has to be made within this period),
· Curriculum Vitae ( insert Link 2)
All documents must be typewritten and submitted in Turkish.

B) Documents requested from the institution/establishment which shall employ foreign personnel
· Written request for work permit addressed to the Ministry of Labour and Social Security,
· Balance-sheet and profit/loss statement of the last year, approved by the tax office,
· If the establishment has foreign capital, the original of the Turkish Trade Register Gazette showing the establishment's last capital and partnership structure or its copy certified by the establishment,
· For Private Educational Institutions supposed to employ instructors of foreign nationality; copies of the Institution's License and the letter of approval by the Ministry of National Education,
· For administrative personnel to be employed by tourism establishments, copy of the operational and investment certificate having been obtained from the Ministry of Tourism, if any,
· Certificate evidencing that establishments (including consortiums) having been awarded any contract in any tender opened by public institutions and establishments have undertaken the task which they they shall be assigned by the relevant institution and establishment,
· As for corporate bodies supposed to employ any foreign expert in the framework of the engineering, architecture, contracting and consultancy services, detailed account of salaries evidencing that Turkish and the copy of the contract executed with the foreigner.

Residence Permit:
Upon obtaining the work permit, the foreign employee needs to apply for Residence permit at Foreign Affairs Department of the Police Headquarters in the city where the head office of the employer. For instance, in Istanbul, the Police Headquarters (Istanbul Emniyet) is located in Aksaray, A Block, First Floor, Tel. number 0212 636 1861. The documents required for application are:

· Petition on a letterhead paper of the company ( written in Turkish)
· 5 Photos
· Original Passport and copy of the illustrated and last entry pages of the passport
· Resident Declaration Form (insert link 3) (typewritten and coloured )
· Work permit and copy of it. (obtained from Ministry of Labour and Social Security)
· Working visa obtained from Turkish Representatives abroad (if application is made from abroad)
· Circular of signature
· Activity Document
· Certificate of tax registration
· Commercial registration gazette

There is also official fee involved, depending on the length of the Residence permit.

Social Security for Foreigners
As a rule, foreigners working in Turkey are subject to Social Security Law at the same rates with local employees. Turkish and foreign personnel to be employed at a foreign capital corporation established in Turkey are taxed in the same way. Employers are required to withhold the income tax when they pay the salaries or other benefits. Income tax withheld from salaries is gradually increasing scaled, ranging between 15% and 35%. Foreigners who work in Turkey as employees of a company, except for those that are employed by corporations abroad and are sent to Turkey for a certain job and declare that are already insured, are considered to be insured and all types of social insurance (work accidents, occupational illness, illness, maternity, disability, old age and death) are applied.

EXPATIA
Firuzağa Mah. TürkgücüCad. No:6
Beyoglu/Istanbul TURKEY 34433
Tel: +90 212 292 59 33
Fax: +90 212 292 59 34
nese@expatia.net
www.expatia.net

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