Navigating Foreigners Employment: The Regulatory Landscape in Turkey
In 2016, Turkey enacted the International Workforce Law, ushering in a comprehensive framework governing the rights and obligations associated with the employment of foreigners. This legislation outlines the parameters for foreigners to engage in freelance work or enter into employment contracts, contingent upon obtaining a work permit from the Ministry of Labor. This article explores the intricacies of foreign employment in Turkey, examining the types of work permits available, the criteria for obtaining them, and the evolution of regulations shaping the landscape.
Foreigners in Turkey : Evolution of Regulations
Prior to the International Workforce Law’s implementation in August 2016, employers in Turkey adhered to the “1+5 rule,” mandating the employment of five Turkish nationals for each foreign worker. Furthermore, employers were obligated to prioritize Turkish candidates for job openings, unless justifiable reasons existed for hiring a foreigner. However, with the advent of the International Workforce Law, significant changes were introduced, empowering the Ministry of Labor to develop new secondary legislation. This legislation is expected to address various aspects of work permits, potentially revising or abolishing the 1+5 rule and the prioritization requirement.
Limited-term permit:
- Issued for a maximum of one year, specific to a particular workplace and employer.
- Renewable for an additional two years upon the first extension application with the same employer.
- Subsequent extensions, after the first, can be granted for up to three years each, maintaining the same employer-employee relationship.
Unlimited-term permit:
- Granted to foreigners residing in Turkey under a long-term residency permit or those who have legally worked in Turkey for a minimum of eight years.
- Affords rights comparable to those of Turkish citizens, excluding public service employment and voting privileges.
Permit for independent work:
- Granted to foreign professionals or shareholders and registered executives of Turkish companies.
- Designed for experts in a learned profession or those holding managerial positions in Turkish businesses.
Turquoise permit (Turkuaz Kart):
- Issued to foreigners whose presence contributes significantly to Turkey’s economy, employment, and overall value.
- Valid for an indefinite term, subject to a three-year probationary period.
- Extends coverage to the foreigner’s spouse and children, providing rights and benefits similar to those of unlimited-term permit holders.
Additional Considerations
- Foreigners seeking work permits in specific professional services, such as healthcare and education, must obtain preliminary approval from the relevant ministry before applying for a work permit from the Ministry of Labor.
- Certain exceptional circumstances, such as foreigners married to Turkish citizens, European Union nationals, and qualified employees or investors, may warrant work permits without adhering to standard time limitations.
Navigating the employment landscape for foreigners in Turkey involves a nuanced understanding of the International Workforce Law and its subsequent developments. The evolution from the 1+5 rule to a more flexible regulatory approach reflects Turkey’s commitment to fostering an inclusive and dynamic workforce. As the Ministry of Labor prepares to unveil new secondary legislation, the future of foreign employment in Turkey holds the promise of increased adaptability and responsiveness to the evolving needs of a globalized workforce. Employers and foreign workers alike are encouraged to stay abreast of these developments to ensure compliance and leverage the opportunities presented by this evolving regulatory framework.
San Global is well-equipped to assist you with your Employer of Record (EOR) and payroll requirements (also known as the Umbrella Company) in Turkey. We are capable of handling your HR (Recruitment) needs, even in the absence of a legal entity in Turkey.