Turkish Employment Law & Employer Obligations
A comprehensive overview of Turkish Employment Laws and regulations provided by KILIÇ & Partners International Law Firm, for International & locally based companies. Although we are based in Istanbul Turkey, our International legal experts can provide both a comprehensive Employment Law schedule and applicable working contracts, in English, French, German, Turkish, Italian, Russian, Ukranian, Uzbek, or other native language of the employee, with applicable jurisdictional rules, employment law & regulation.
Employment laws in Turkey apply to Turkish nationals and foreign nationals alike. In addition, special provisions exist which regulate the employment and residence permits of foreign nationals who intend to work in Turkey.
Laws applicable to Foreign Nationals - Permission to Work in Turkey
The Procedure for obtaining approval to work in Turkey: a foreign national must obtain a work visa or work permit before engaging employment in Turkey. The work permit is granted by the Ministry of Labour and Social Security. Under the Code of Work Permits for Foreigners.
Once foreign nationals have obtained a residence permits valid for at least six months, they can directly apply for a work permit in Turkey. The cost of a work visa depends on the country from where the application in the related country is made. There is given time frame to obtain a work permit although, it is suggested that the application is filed at least one month prior to the desired departure date, as there can be delays in the visa process.
Procedure for obtaining approval: foreign nationals must also obtain a work permit in order to be employed in Turkey. The application for a work permit can be filed either within Turkey or from abroad.
Outside of Turkey. The foreign national will need to apply to Turkey's foreign missions with a passport, a work visa, a copy of the employment agreement and a single passport picture.
Inside Turkey. Foreign nationals who have obtained at least a six-month residence permit will be able to directly apply to the Ministry of Labour and Social Security to obtain a work permit. The applicant must also file a residence permit application with the police department in the city in which they will work in order to obtain a residence permit within 30 days following their arrival.
Residence and Work formalities
Most foreigners may enter Turkey without a visa (or obtain it in the airport) and can stay in the country up to 90 days.
For a foreign individual wishing to carry out business activity in Turkey it is required to have a work permit from the Ministry of Social Security and Labour Affairs together with a work visa from the Turkish Consulate. With the work permit such person should apply for a residence permit to the Police Department Foreign Office.
Amendment January 2015
Changes on the exemption of work permits (Article 55 (c) and (ç) foreign nationals may come to Turkey without any need of work permit for a total of less than 3 months in a year. However, the work should be related to:
Giving training on exported/imported machinery use and equipment
Collecting and repairing machinery
It is subject to the submission of a document to prove the situation and it is for foreigners who will stay less than 3 months in a calender year but allows multiple entry. It appears that this will be of a benefit to foreign companies with operations within Turkey particularly in terms of energy, high-technology, construction, and automotive industries.
Introduction & Overview of New Law on International Work Force No 6735 13th August 2016
For full details of Turkish Employment Law and Regulation, please Download Here:
Contents: Coverage of employment regulation, Employment status, Recruitment, Permission to work, Restrictions on managers and directors, regulations of the employment relationship, Turkish minimum wage,working Hours, Holiday entitlement, Illness and injury of employees,rights for parents and carers, continuous periods of employment, fixed term, part-time and agency workers, data protection, discrimination and harassment,termination of employment, redundancy layoffs, employee representation and consultation, Consequences of a business transfer, Employer and parent company liability, employer insolvency, health and safety obligations, taxation of employment income bonuses, intellectual property (IP), and restraint of trade.
International Employee, Contract Preparation, Variation and Compromise Agreement Service:
Here at KILIÇ & Partners Law Firm Istanbul, we are best placed to assist both foreign companies and Turkish organisations, wishing to employ foreign nationals whether inside or outside of Turkey. We have experienced legal professionals in the International employment laws of multiple jurisdictions, which are native to our legal teams. The preparation of the employment and working contracts or agreements are completed in full, by a native qualified legal professional
International Employment agreements are individual and need to be drafted in accordance with the seniority and position of the intended employee, such as managers, directors, country managers or partners and are not subject to the same simple terms or formats used for traditional employees. All legal precedents will be evaluated and all applicable protection and laws will be applied to every contract, agreement or variation.
Some of the main issues covered in our Employment agreements are:
Agreed Working Terms & Conditions
Governing Law Jurisdiction, Due Diligence
Employee Duties, Obligations & Warranties
Termination & Variation Clauses
Data & IP Protection and Rights
Confidentiality & Announcements
Waiver of Claims & Termination of Contracts
Non-Competition & Restrictions
Our bespoke service is the provision of a jurisdictional legally binding, drafted agreement in both the native language of the employee or employer and a designated target language. This gives both parties the legal protection and confidence in the recruitment process. Our employment agreements are provided as originals and not inferior translations of other contracts, which can often be the case.
For more Information about Employment Laws and procedures & Contracts, please consult a member of our International Legal Teams.