Legal Basis for the Right to Employ Foreigners in Türkiye
The employment of foreigners in Türkiye is regulated by the International Labor Law No. 6735 and related regulations. This legislation clearly sets out the rights and obligations of both employers and foreign employees. In order for a foreign national to work in Türkiye, it is first necessary to obtain a work permit from the Ministry of Labor and Social Security. Employing a foreigner without fulfilling this obligation will result in serious administrative and criminal sanctions.
Types and Status of Foreign National Employees
Dependent – Independent Workers
In Türkiye, foreigners can work as dependents for an employer or independently. However, in both cases, a work permit is required. Dependent employees are required to apply by the employer, while independent employees are required to apply in person.
Foreigners Under Temporary Protection
There are special regulations for Syrian nationals or other temporary protection holders. These persons can work in certain sectors and provinces with the permission of the relevant governorate and ministry.
Work Permit Application and Employer Responsibility
Application Process Through the System
The employer applies for a permit for a foreign employee by entering the Ministry of Labor and Social Security system via e-Government. The employer's tax and SSI registration must be up to date.
Required Documents and Process
- Photocopy of the foreigner's passport and diploma
- Employer's activity certificate
- Trade registry gazette
- Signature circular
- Electronic application form and undertaking
If the application is approved, the employer is responsible for carrying out the SSI entry procedures.
Monitoring and Extension of Work Permit Period
Temporary and Indefinite Leaves
A foreigner who applies for a work permit for the first time is granted a permit for a maximum of one year. An extension application must be made at least 60 days before the permit expires. Applications for longer permits can be made after three years.
Consequences in Case of Time Out
If the foreigner continues to work after the permit period has expired, both the employer and the employee will face administrative fines. In addition, SSI transactions will be deemed invalid.
Social Security Obligations and Insurance Procedures
Social Security Notification Obligation
For foreign employees, a SSI declaration must be submitted before the start date of employment. If this obligation is not fulfilled, the employer may face both penalties and retroactive premium payments.
Premium Rates and Duration
Foreign employees are subject to the same insurance branches as Turkish citizens and are obliged to pay premiums at the same rates. In this context, they can benefit from social rights such as work accident, illness and retirement.
Wages, Overtime and Other Working Conditions
Equal Pay for Equal Work Principle
Foreign employees must be paid under the same conditions and with the principle of equal pay as Turkish employees. Differential treatment is against the prohibition of discrimination and may have serious legal consequences.
Application of Labor Law
Foreigners are also within the scope of the Labor Law No. 4857. Therefore, they benefit from the same rights such as overtime, annual leave, seniority and notice pay.
Obligations within the Scope of Occupational Health and Safety
Education and Precautions
The employer is also obliged to provide occupational health and safety training and personal protective equipment to foreign employees. It is important that this training is provided in a language that the foreigner understands.
Responsibility in Audits
If deficient or incorrect practices are detected during inspections by labor inspectors, administrative sanctions may be imposed on the employer.
Consequences of Employing Illegal or Unregistered Aliens
Administrative Fines
The penalty for employing a foreigner without a work permit increases every year, and administrative fines of thousands of liras can be imposed. In addition, while the illegal worker is deported, a criminal complaint can be filed against the employer at the prosecutor's office.
Visa and Residence Violations
Employing foreigners whose residence permits have expired is also the employer's responsibility. This situation is considered as a visa violation and results in penal consequences.
Termination of Foreign Employees and Notification Process
Social Security and Ministry of Labor Notification
The termination of the employment contract of a foreign employee must be reported to the Social Security Institution system in a timely manner, and the necessary updates must also be made to the Ministry. If these notifications are not made, the employer will face penal sanctions.
Mutual Abrogation and Termination Processes
It is possible for the parties to terminate the employment contract by mutual agreement. However, in the case of unilateral termination, the employer must have justified reasons. In all these transactions, violation of the rights of foreigners may be the subject of litigation.
Rights of Foreigners and Employers' Obligation to Protect
Prohibition of Discrimination
According to Turkish law, foreign employees cannot be discriminated against based on ethnic origin, language, religion, etc. The prohibition of discrimination applies both during the recruitment process and during the employment period.
Fundamental Social Rights
Foreign employees also have all the basic rights such as union membership, collective bargaining, leave rights, etc. The employer cannot restrict these rights.
Sectoral Restrictions and Special Areas
Tourism, Agriculture, Home Services
In some sectors, foreign employment is more common. However, even in these sectors, it is illegal to employ people without a permit. There may be some exceptions in agriculture and domestic services.
Prohibited Professions Such As Lawyer, Security
Some professions are completely closed to foreigners. Only Turkish citizens can work in strategic professions such as lawyer, notary, private security.
Foreign Employees and Employer Support in Antalya
Sectoral Densities
Antalya stands out with its large foreign workforce, especially in the tourism sector. Therefore, it is critical for employers to fully comply with the legislation. Social Security Institution and work permit processes should be followed regularly.
Expert Lawyer Consultancy
Businesses operating in Antalya should work with an expert legal advisor before employing foreign workers. The lawyer ensures that documents are prepared, applications are followed and strategies are developed against possible objections throughout the process.
Legal Compliance and Consultancy with Billur Güler Aslım
Process Monitoring and Risk Management
Lawyer and Mediator Billur Güler Aslım, who provides services in Antalya, provides comprehensive consultancy to employers in all processes related to foreign employees. She ensures that the application, extension and cancellation phases are complied with the legislation.
Prevention of Penalties and Sanctions
Situations such as missing documents, untimely notifications or employment under unsuitable conditions can be detected and prevented in advance. In this way, risks such as administrative fines or cancellation of work permits are eliminated.
Frequently Asked Questions
Is a lawyer required during the application process?
→ Not mandatory, but highly recommended to avoid legal errors.
Are there penalties for foreigners employed without a work permit?
→ Yes. Administrative fines are imposed on both the employer and the foreigner.
What happens if SSI notification is not made?
→ Premium payments are deemed invalid and serious administrative sanctions are imposed.
What are the sanctions if foreigners are not given equal wages?
→ If the prohibition of discrimination is violated, a lawsuit for compensation may be filed.
Will expired leave be automatically extended?
→ No. A re-application is required.
Which professions are prohibited for foreigners?
→ Professions such as lawyer, notary, private security, customs consultancy.