Getting started
This week, I would like to start with the topic of work permits because it is one of the most problematic issues.
Hi everyone. Every weekend we will be together on this page. Joining the Hürriyet Daily News & Economic Review family is a real pleasure for me. From now on, I will strive for the best for the Daily News. My column will mostly be composed of questions and answers. I will try to respond to your questions and problems. You can write to me on the following topics:
-Employment relations in Turkish law
-Employee-employer disagreements
- Foreign employee rights and issues in the Turkish social security legislation
- Social insurance, unemployment insurance and the Universal Health Insurance Law for foreigners
- Foreigners who live in Turkey (including embassy staff) facing legal problems in their daily life and solutions
- Incentives for foreign investors in Turkey and other opportunities provided for them
- Work permit and residence permit regulations, problems and practical solutions
- Property sales agreements under the Turkish law
- Turkish Citizenship Law
Current issues will also be handled in this column in addition to the above topics.
[HH] Work Permits for Foreigners in Turkey
This week, I would like to start with the topic of work permits because it is one of the most problematic issues. Generally three types of work permits are given in Turkey. These are:
- Work permit for a definite period of time
- Work permit for an indefinite period of time
- Independent work permit and others
A work permit for a definite period of time is given for a validity period of at most one year. The authorities take into consideration the situation in the business market, developments in labor life, sectoral, and economic conjuncture changes regarding employment. They also consider the duration of the foreigner’s residence permit and the duration of the service contract or the work when they grant work permits.
A work permit for an indefinite period of time: Foreigners having resided in Turkey legally and continuously for at least eight years or having worked in Turkey for a period of six years, may be granted a work permit without terms, without taking into consideration the status of the industrial market and the developments in business life, and in case of approval of the relevant authorities, without being restricted with any certain operation, profession, civil or geographical area.
An independent work permit may be given by the ministry to foreigners who will work independently provided that they have resided in Turkey legally and uninterruptedly for at least five years and their work will have a positive effect on employment and economic development.
In applications made abroad, foreigners need to apply for their work permit at the foreign missions of Turkey in the country of their nationality or their permanent residence. Following the receipt of application, the application documents will be transferred to the Turkish Ministry of Labor and Social Security. Within three days of the application, documents that are required by Turkish laws need to be submitted by the employer to the ministry.
The ministry, as a result of careful investigation and research, could decide whether to accept or refuse the application for work permit. The foreigner who is granted a work permit must apply to the Turkish Interior Ministry for entry visa within 90 days after getting the permit and apply for a residence permit within 30 days from entering Turkey.
In the case that the applicant is not granted a work permit, they could appeal the decision within 30 days after they are notified about the decision. They also have the right to appeal to administrative courts in case the ministry refuses to grant the applicant work permit for a second time.
[HH] Going to shorten process of the work permit?
Last month in our meeting with Minister of Labor and Social Security Ömer Dinçer, he said the process of granting work permits takes now just one month. It was previously seven or eight months. The ministry plans to reduce the process to a period of one week by the end of this year.
Now we have come to the end of 2009. Therefore, I expect a tangible improvement on the issue because applying for a work permit still requires going through many bureaucratic procedures. I hope good news comes from the ministry in the upcoming days.
Hurriyet Daily News /11.12.2009
Hi everyone. Every weekend we will be together on this page. Joining the Hürriyet Daily News & Economic Review family is a real pleasure for me. From now on, I will strive for the best for the Daily News. My column will mostly be composed of questions and answers. I will try to respond to your questions and problems. You can write to me on the following topics:
-Employment relations in Turkish law
-Employee-employer disagreements
- Foreign employee rights and issues in the Turkish social security legislation
- Social insurance, unemployment insurance and the Universal Health Insurance Law for foreigners
- Foreigners who live in Turkey (including embassy staff) facing legal problems in their daily life and solutions
- Incentives for foreign investors in Turkey and other opportunities provided for them
- Work permit and residence permit regulations, problems and practical solutions
- Property sales agreements under the Turkish law
- Turkish Citizenship Law
Current issues will also be handled in this column in addition to the above topics.
[HH] Work Permits for Foreigners in Turkey
This week, I would like to start with the topic of work permits because it is one of the most problematic issues. Generally three types of work permits are given in Turkey. These are:
- Work permit for a definite period of time
- Work permit for an indefinite period of time
- Independent work permit and others
A work permit for a definite period of time is given for a validity period of at most one year. The authorities take into consideration the situation in the business market, developments in labor life, sectoral, and economic conjuncture changes regarding employment. They also consider the duration of the foreigner’s residence permit and the duration of the service contract or the work when they grant work permits.
A work permit for an indefinite period of time: Foreigners having resided in Turkey legally and continuously for at least eight years or having worked in Turkey for a period of six years, may be granted a work permit without terms, without taking into consideration the status of the industrial market and the developments in business life, and in case of approval of the relevant authorities, without being restricted with any certain operation, profession, civil or geographical area.
An independent work permit may be given by the ministry to foreigners who will work independently provided that they have resided in Turkey legally and uninterruptedly for at least five years and their work will have a positive effect on employment and economic development.
In applications made abroad, foreigners need to apply for their work permit at the foreign missions of Turkey in the country of their nationality or their permanent residence. Following the receipt of application, the application documents will be transferred to the Turkish Ministry of Labor and Social Security. Within three days of the application, documents that are required by Turkish laws need to be submitted by the employer to the ministry.
The ministry, as a result of careful investigation and research, could decide whether to accept or refuse the application for work permit. The foreigner who is granted a work permit must apply to the Turkish Interior Ministry for entry visa within 90 days after getting the permit and apply for a residence permit within 30 days from entering Turkey.
In the case that the applicant is not granted a work permit, they could appeal the decision within 30 days after they are notified about the decision. They also have the right to appeal to administrative courts in case the ministry refuses to grant the applicant work permit for a second time.
[HH] Going to shorten process of the work permit?
Last month in our meeting with Minister of Labor and Social Security Ömer Dinçer, he said the process of granting work permits takes now just one month. It was previously seven or eight months. The ministry plans to reduce the process to a period of one week by the end of this year.
Now we have come to the end of 2009. Therefore, I expect a tangible improvement on the issue because applying for a work permit still requires going through many bureaucratic procedures. I hope good news comes from the ministry in the upcoming days.
Hurriyet Daily News /11.12.2009