Foreign Workers’ Work Permits in Türkiye and Employment Rights Under Turkish Labour Law
Legal Status of Foreign Workers in Türkiye
The legal status of foreign workers employed in Türkiye requires the work permit legislation and employment law provisions to be assessed together. As a general rule, a foreign national must hold a valid work permit or fall within a statutory work permit exemption in order to work legally in Türkiye.
However, holding a work permit does not eliminate the employer’s obligations under labour law. Depending on the nature of the employment relationship and the applicable legislation, foreign employees may be entitled to wages, regulated working hours, annual leave, occupational health and safety protections, protection against discrimination, and other employment rights.
Accordingly, two separate but interconnected legal areas should be considered for foreign workers: the work permit status that gives the foreign national the right to work in Türkiye and the employment rights arising from the employment relationship.
What Rights Does a Work Permit Provide to a Foreign Employee?
A work permit is one of the principal administrative statuses allowing a foreign national to work legally in Türkiye.
However, a work permit is not a document that independently regulates all employment rights.
The foreign employee’s rights concerning wages, working hours, overtime, annual leave, weekly rest, national holidays and public holidays, occupational health and safety, and termination of employment must be assessed separately.
Therefore, it is not legally correct for an employer to assume that obtaining a work permit means that no further obligations exist concerning the employee’s labour rights.
The work permit should be considered together with the employer’s obligations under Turkish labour law.
Wage Rights of Foreign Workers
A foreign employee has the right to receive remuneration for the work performed.
An employer cannot unlawfully reduce an employee’s wages merely because the employee is a foreign national.
When determining remuneration, applicable minimum wage requirements, the employment contract, the employee’s duties and responsibilities, professional experience, and any specific criteria applicable under the work permit framework should be taken into consideration.
If wages are not paid fully and on time, a foreign employee may also exercise the legal rights available under applicable Turkish law.
In wage disputes, bank records, payroll records, the employment contract, and other payment documents may constitute important evidence.
Overtime Rights of Foreign Employees
Foreign employees may also have specific rights concerning overtime under Turkish labour law.
Work performed beyond the employee’s normal working hours may, depending on the circumstances, constitute overtime or work exceeding the statutory contractual working period.
The employee may be entitled to the statutory overtime compensation or, where the legal requirements are satisfied, compensatory time off.
The fact that a foreign employee holds a work permit does not provide a legal basis for withholding compensation for overtime.
If an employer systematically requires foreign employees to work excessive hours without properly compensating them, employment-related wage claims may arise.
Annual Paid Leave Rights of Foreign Employees
Foreign employees may be entitled to annual paid leave after completing the required period of employment.
The right to annual leave is generally determined by the applicable employment legislation and the employee’s length of service rather than by whether the employee is a Turkish citizen or a foreign national.
Employers should maintain accurate annual leave records and allow employees to use the leave to which they are legally entitled.
The fact that a foreign employee is residing in Türkiye temporarily does not, by itself, eliminate the employee’s entitlement to annual leave.
Weekly Rest and Public Holiday Rights
Foreign employees may also benefit from weekly rest days and national holiday and public holiday rights under the Turkish employment legislation applicable to their employment relationship.
The employee’s foreign nationality does not, by itself, justify failing to comply with weekly rest requirements or refusing to compensate work performed on public holidays.
The applicable remuneration rules for work performed on national or public holidays should be assessed separately.
Occupational Health and Safety Rights of Foreign Workers
Protecting foreign employees in terms of occupational health and safety is one of the employer’s fundamental responsibilities.
The employer must assess workplace risks, take the necessary preventive measures, and provide employees with appropriate occupational health and safety training.
Where a foreign employee does not speak Turkish, appropriate methods should be used to ensure that the employee understands the training and instructions provided.
A language barrier does not eliminate the employer’s occupational health and safety obligations.
This is particularly important for foreign workers employed in hazardous or high-risk occupations, where proper training, information, and understanding of safety instructions are especially critical.
Rights of a Foreign Worker Following a Workplace Accident
If a foreign employee suffers a workplace accident in Türkiye, the incident must be assessed under the applicable social security and employment law provisions.
Factors such as whether the employer fulfilled its occupational health and safety obligations, the parties’ respective fault in causing the accident, and whether the necessary social security notifications were made may be relevant.
The employee’s nationality does not, by itself, eliminate the employer’s potential liability arising from a workplace accident.
Depending on the circumstances, material and non-pecuniary damages suffered by the foreign employee may also be subject to legal claims.
Rights of Foreign Workers in Cases of Occupational Disease
Occupational diseases are also an important consideration for foreign employees.
Where a health condition develops over time as a result of the employee’s work, whether that condition qualifies as an occupational disease must be assessed under the relevant health and social security regulations.
Employers are responsible for taking appropriate measures to protect employees’ health and reduce occupational risks.
Differences in language, education, or culture cannot be used as a justification for failing to take the necessary occupational health and safety measures for foreign employees.
Protection of Foreign Workers Against Discrimination
Foreign employees may benefit from legal protection against discrimination within the employment relationship.
Treatment such as:
- paying a lower salary because the employee is a foreign national,
- denying social benefits,
- restricting promotion opportunities,
- imposing less favourable working conditions, or
- excluding the employee from the workplace
may, depending on the circumstances, fall within the scope of the prohibition of discrimination.
Employers should ensure that differences in treatment between employees are based on objective and legally acceptable criteria.
Termination of a Foreign Employee’s Employment Contract
The termination of a foreign employee’s employment contract is also subject to relevant employment law requirements.
Where the employer terminates the employment relationship, the legal nature and validity of the termination must be assessed according to the circumstances of the employee, the workplace, and the applicable legislation.
The expiration of a foreign employee’s work permit is not legally identical to the termination of the employment contract.
The expiration or cancellation of a work permit may create circumstances affecting the continuation of the employment relationship; however, its precise legal effect on the employment contract should be assessed separately.
Severance Pay Rights of Foreign Workers
Severance pay is an important employment right that may also arise for foreign employees.
The fact that an employee is a foreign national does not, by itself, eliminate the employee’s right to severance pay where the statutory requirements are satisfied.
The employee’s length of service, the manner in which the employment relationship ended, and the other conditions prescribed by law must be assessed when determining entitlement to severance pay.
Accordingly, severance claims brought by foreign employees should be examined on the basis of the specific circumstances of the employment relationship, just as claims brought by Turkish employees are.
Notice Pay Rights of Foreign Workers
Where the termination of an employment contract is subject to statutory notice requirements, Turkish labour law provisions concerning notice periods and notice compensation may apply.
If an employer terminates the employment relationship without complying with the required notice period, notice compensation may become payable where the statutory conditions are satisfied.
The fact that the employee is a foreign national and holds a work permit does not automatically eliminate the employer’s obligations concerning statutory notice periods.
Unemployment Insurance Rights of Foreign Workers
The unemployment insurance status of foreign employees must be assessed under the applicable social security and unemployment insurance legislation.
Factors such as the employee’s insured status, the period for which contributions have been paid, the manner in which the employment relationship ended, and other statutory requirements may be relevant.
For certain foreign employees, social security agreements between Türkiye and the employee’s country of nationality may also be important.
Therefore, a foreign employee’s entitlement to unemployment insurance should not be determined solely on the basis of nationality.
Does the Expiration of a Work Permit Eliminate an Employee’s Existing Rights?
The expiration of a work permit does not automatically eliminate employment-related claims that have already arisen.
For example, if unpaid wages, overtime compensation, or other employment-related receivables accrued during the employment period, those claims may still need to be assessed separately.
A work permit and employment-related receivables are distinct legal matters.
Therefore, the expiration of the work permit or termination of employment does not prevent an examination of rights that accrued before the employment relationship ended.
Exercising Legal Rights as a Foreign Employee
A foreign employee who believes that their employment rights have been violated may use the available legal remedies.
Depending on the nature of the dispute, the employee may consider:
- submitting a written request to the employer,
- initiating mandatory mediation,
- applying to the relevant administrative authorities,
- applying to the Human Rights and Equality Institution of Türkiye, or
- bringing a claim before the competent labour court.
The appropriate legal procedure depends on the nature of the dispute and the specific right being claimed.
Main Obligations of Employers Employing Foreign Workers
The fundamental obligations of an employer employing foreign workers are generally not different from the core employment law obligations applicable to Turkish employees.
The employer should:
- verify work permit requirements,
- properly prepare the employment contract,
- pay wages on time,
- complete social security notifications,
- take occupational health and safety measures,
- comply with working-time requirements,
- provide statutory leave,
- comply with the prohibition of discrimination, and
- complete the required procedures when the employment relationship ends.
The foreign employee’s particular legal status does not eliminate the employer’s fundamental obligations under Turkish employment law.
Employee Rights in Relation to Foreign Employers
Foreign companies and foreign individuals operating in Türkiye should take Turkish employment law into account when employing personnel in Türkiye.
The fact that a company’s headquarters are located abroad does not automatically eliminate the fundamental employment rights of employees working in Türkiye.
In particular, salary, leave, performance evaluation, and termination policies implemented by multinational companies in Türkiye should be compatible with the mandatory provisions of Turkish law.
Where global corporate policies differ from mandatory Turkish employment legislation, the mandatory Turkish provisions must be separately taken into consideration.
Conclusion
Holding a work permit in Türkiye does not eliminate a foreign employee’s rights under Turkish employment law.
Subject to the applicable legislation, foreign employees may be entitled to wages, overtime compensation, annual leave, weekly rest, national holiday and public holiday rights, occupational health and safety protections, protection against discrimination, and, where the statutory requirements are satisfied, severance and notice compensation.
A work permit is a fundamental administrative mechanism regulating a foreign national’s right to work in Türkiye. However, the work permit and employment rights arising from the employment contract are legally distinct areas.
The same fundamental approach applies to foreign employers. Foreign companies and foreign employers operating in Türkiye should protect employees’ employment rights in accordance with the mandatory provisions of Turkish law.
Employers should be particularly careful to establish properly documented systems concerning foreign employees’ wages, social security, occupational health and safety, and protection against discrimination.
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