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.
