Results of illegal employment
Today, upon a request of a reader, I will address the results and sanctions of illegal employment.
I described types of work permits and required procedures in my article on Dec. 12. Today, upon a request of a reader, I will address the results and sanctions of illegal employment. Sarah has asked the following question…
“Dear Orhan,
I read your article about work permits. I am looking to come out and work in the Bodrum area next year. I have worked in my current role as a deputy manager in a care home for two years. I’m just wondering how hard it is going to be to get a job. I am not really interested in repping as it is only seasonal. I have bar/waitress/reception experience. I also have worked in customer service. So, can I work in Turkey without work permit? What are the results of illegal work for me? Best wishes.”
Dear Sarah,
Foreigners are not permitted to work legally in Turkey without an official work permit. Because of some sanctions for both employee and employer, I do not recommend illegal employment.
[HH] In terms of employee
If you work in Turkey without work permit, you do not have many legal rights. You have no social security rights (work accident and occupational diseases, health and maternity insurance, etc.), There is no guarantee that your salary will be paid. In case of employer-employee disagreement, you cannot apply to court. In case of dismissal, you cannot ask for severance pay. If it is determined that you are working illegally, a 560 Turkish Liras administrative fine is applied to you. The fine reaches 2,240 liras for self-employed foreigners without a work permit.
[HH] In terms of employer
More severe sanctions are applied to employers who employ foreigners without a work permit. According to the provisions of law No. 4817, “Employers employing foreigners shall, from the date on which the foreigner has started to work, in case the foreigner fails to start employment within 30 days from the date on which the work permit is issued, from the end of this period and from the ending date of the employment contract for whatsoever reason, be liable to notify this incident to the Ministry within 15 days at the latest.” Any employer violating the provisions of this act shall be punished with an administrative fine of 280 Turkish Liras for each foreigner.
The employer or employer’s representative employing any foreigner without work permit shall be punished with an administrative fine of 5,600 Turkish Liras for each foreigner. In this case, the employer or the employer’s representative has to provide for the accommodation costs, the expenses necessary for the return to their countries and, if necessary, the health outlays of the foreigners and his/her spouse and children, if any.
In case of repetition of above-mentioned acts, the administrative fines shall be applied in double amount.
The following table includes amounts of administrative fines for violating work permit laws for foreigners.
Applicable Administrative Fines In Accordance With The Provisions Of 21st Article Of The Law Numbered 4817
For self-employed foreigners and employers employing foreigners: If they don’t fulfill their notification obligation in time according to 4817/18. 280 liras
For foreigners who work without work permit. 560 liras
For employer or employer representative who employs foreigners without work permit. 5,600 liras per foreigner
For foreigners who work independently without work permit. 2,240 liras
[HH] What is the reality?
Although the sanctions were put into force against illegal working, in reality, more than 1 million employees are illegal in Turkey. In general, people arriving from former Soviet republics, the Balkans and the Middle East tend to seek illegal employment in the tourism, construction, textile, leather and service sectors in Turkey. Women tend to work as caregivers or caretakers of patients, children and the elderly. For the most part, they are forced to work for very low wages and sometimes go unpaid. They tend to accept even the heaviest working conditions as they wish to earn some money and return to their homeland as soon as possible.
Hurriyet Daily News/08 Ocak 2010
I described types of work permits and required procedures in my article on Dec. 12. Today, upon a request of a reader, I will address the results and sanctions of illegal employment. Sarah has asked the following question…
“Dear Orhan,
I read your article about work permits. I am looking to come out and work in the Bodrum area next year. I have worked in my current role as a deputy manager in a care home for two years. I’m just wondering how hard it is going to be to get a job. I am not really interested in repping as it is only seasonal. I have bar/waitress/reception experience. I also have worked in customer service. So, can I work in Turkey without work permit? What are the results of illegal work for me? Best wishes.”
Dear Sarah,
Foreigners are not permitted to work legally in Turkey without an official work permit. Because of some sanctions for both employee and employer, I do not recommend illegal employment.
[HH] In terms of employee
If you work in Turkey without work permit, you do not have many legal rights. You have no social security rights (work accident and occupational diseases, health and maternity insurance, etc.), There is no guarantee that your salary will be paid. In case of employer-employee disagreement, you cannot apply to court. In case of dismissal, you cannot ask for severance pay. If it is determined that you are working illegally, a 560 Turkish Liras administrative fine is applied to you. The fine reaches 2,240 liras for self-employed foreigners without a work permit.
[HH] In terms of employer
More severe sanctions are applied to employers who employ foreigners without a work permit. According to the provisions of law No. 4817, “Employers employing foreigners shall, from the date on which the foreigner has started to work, in case the foreigner fails to start employment within 30 days from the date on which the work permit is issued, from the end of this period and from the ending date of the employment contract for whatsoever reason, be liable to notify this incident to the Ministry within 15 days at the latest.” Any employer violating the provisions of this act shall be punished with an administrative fine of 280 Turkish Liras for each foreigner.
The employer or employer’s representative employing any foreigner without work permit shall be punished with an administrative fine of 5,600 Turkish Liras for each foreigner. In this case, the employer or the employer’s representative has to provide for the accommodation costs, the expenses necessary for the return to their countries and, if necessary, the health outlays of the foreigners and his/her spouse and children, if any.
In case of repetition of above-mentioned acts, the administrative fines shall be applied in double amount.
The following table includes amounts of administrative fines for violating work permit laws for foreigners.
Applicable Administrative Fines In Accordance With The Provisions Of 21st Article Of The Law Numbered 4817
For self-employed foreigners and employers employing foreigners: If they don’t fulfill their notification obligation in time according to 4817/18. 280 liras
For foreigners who work without work permit. 560 liras
For employer or employer representative who employs foreigners without work permit. 5,600 liras per foreigner
For foreigners who work independently without work permit. 2,240 liras
[HH] What is the reality?
Although the sanctions were put into force against illegal working, in reality, more than 1 million employees are illegal in Turkey. In general, people arriving from former Soviet republics, the Balkans and the Middle East tend to seek illegal employment in the tourism, construction, textile, leather and service sectors in Turkey. Women tend to work as caregivers or caretakers of patients, children and the elderly. For the most part, they are forced to work for very low wages and sometimes go unpaid. They tend to accept even the heaviest working conditions as they wish to earn some money and return to their homeland as soon as possible.
Hurriyet Daily News/08 Ocak 2010
