Requirements for Employing Foreign Workers: How Can Foreign Workers Be Legally Employed in Türkiye?
Legal Framework for Employing Foreign Workers in Türkiye
Employing a foreign national in Türkiye is not a process completed merely by signing an employment contract between the employer and the employee. In order for a foreign national to work legally in Türkiye, work permit requirements, immigration regulations, employment law, social security obligations, and tax-related requirements may all need to be considered together.
The principal legislation governing the employment of foreign nationals is Law No. 6735 on International Labour Force. This legislation establishes the fundamental framework concerning the conditions under which foreign nationals may work in Türkiye, the types of work permits available, and the relevant administrative procedures.
In addition, depending on the nature of the employment relationship, the provisions of Law No. 4857 on Labour may also apply to foreign employees working in Türkiye.
Accordingly, an employer seeking to employ a foreign worker should not focus solely on obtaining a work permit. The employer must also comply with Turkish legislation concerning employment contracts, wages, social security, occupational health and safety, working hours, leave entitlements, and other employment rights.
Employing a Foreign Worker Without a Work Permit
Employing a foreign national in Türkiye without the required work permit may result in significant administrative and legal consequences for the employer.
A work permit is an official legal authorization that allows a foreign national to work in Türkiye under specified conditions. Therefore, employers should satisfy the applicable work permit requirements before allowing a foreign employee to begin working.
Where a foreign national is employed without the required work permit, administrative sanctions may be imposed on the employer.
Unauthorized employment may also create separate consequences concerning the foreign national’s immigration status in Türkiye.
For this reason, completing the relevant work permit procedures before employment begins is important for both the employer and the foreign employee.
Difference Between a Work Permit and a Residence Permit
One common misconception among foreign employees is that holding a residence permit automatically grants the right to work in Türkiye.
A residence permit allows a foreign national to remain legally in Türkiye for a specified period. However, it does not necessarily provide an independent right to work.
The rules concerning the right to work must be assessed separately under the applicable work permit legislation.
Although certain special statuses and statutory exceptions may apply, as a general principle, employers should ensure that the foreign national satisfies the applicable work authorization requirements before employment begins.
Therefore, an employer should not rely solely on the existence of a foreign employee’s residence permit when deciding whether the employee may legally work.
Work Permit Applications for Foreign Employees
The work permit application process may vary depending on the foreign national’s circumstances and whether the application is submitted from within Türkiye or from abroad.
The application may require documents and information relating to the foreign national’s identity and passport, the employer, the workplace, the position, salary, and working conditions.
Both the employer and the foreign employee should provide accurate and up-to-date information during the application process.
The assessment of a work permit application may depend not only on the foreign employee’s personal circumstances but also on the characteristics of the employer and the workplace.
For this reason, a work permit application should not be viewed simply as an “employee application.” It should be regarded as a process in which the employment relationship between the foreign employee and the employer is assessed as a whole.
Types of Work Permits
Different types of work authorization are available to foreign nationals in Türkiye.
These may include, in particular:
- fixed-term work permits,
- indefinite work permits, and
- independent work permits.
The type of work permit may affect the scope and duration of the foreign national’s right to work in Türkiye.
Therefore, employers should verify the scope of the work permit held by a foreign employee, including the employer, position, workplace, and other conditions for which the permit was issued.
Work Permits Linked to a Specific Employer
An important issue concerning foreign employees is that a work permit may be connected to a particular employer or employment relationship.
Therefore, a foreign employee moving to another workplace does not necessarily have an automatic right to continue working for the new employer under the existing work permit.
Where the employer changes, a new work permit or another procedure required under the applicable legislation may be necessary.
Accordingly, an employer seeking to hire a foreign employee who previously worked for another employer should verify the existing work permit and determine the legal requirements applicable to the new employment relationship.
Employment Contracts for Foreign Employees
Employment contracts with foreign employees should be prepared as clearly and comprehensively as possible.
The contract may specify matters including:
- the nature of the work,
- duties and responsibilities,
- workplace,
- working hours,
- salary,
- payment method,
- leave entitlements,
- overtime,
- additional benefits,
- contract duration, and
- termination conditions.
Where the foreign employee does not speak Turkish, preparing the contract in a language the employee understands, or using an appropriate method to ensure that the employee fully understands its contents, can help prevent future disputes.
Wage Rights of Foreign Employees
Employing a foreign worker does not eliminate the employer’s obligation to pay wages.
A foreign employee is entitled to receive remuneration in accordance with the employment contract and applicable legislation for the work performed.
An employer cannot lawfully pay a foreign employee less merely because the employee is a foreign national.
The agreed wage cannot be below the applicable minimum wage. In addition, specific salary criteria may apply to certain occupations and positions during the work permit process and should be taken into account.
Accordingly, determining the salary of a foreign employee may require consideration of both the Labour Law and the regulations governing work permits for foreign nationals.
Social Security Rights of Foreign Employees
Where a foreign employee works as an insured employee in Türkiye, social security obligations also arise.
An employer cannot avoid social security registration and reporting obligations merely because the employee is a foreign national.
The foreign employee’s nationality does not automatically eliminate the employer’s social security obligations.
The applicable social security rules may vary depending on factors such as the employee’s nationality, whether Türkiye has a bilateral social security agreement with the employee’s country, and the employee’s employment status in Türkiye.
For this reason, the social security status of foreign employees should be assessed individually.
Foreign Employees and Occupational Health and Safety
Foreign employees are also entitled to protection concerning occupational health and safety.
Employers should provide necessary occupational health and safety training in a manner that the foreign employee can understand and should adequately inform the employee about workplace risks.
Language differences are particularly important in the context of occupational health and safety.
Where a foreign employee does not have sufficient proficiency in Turkish, the employer should use appropriate methods to ensure that safety instructions are understood.
An employer cannot simply argue that an employee does not speak Turkish as a justification for failing to provide adequate occupational health and safety training.
Employer Responsibilities When Employing Foreign Workers
The responsibilities of an employer hiring foreign workers are not limited to obtaining a work permit.
In general, the employer should:
- monitor the work permit process,
- prepare an employment contract,
- pay wages on time,
- fulfill social security obligations,
- take appropriate occupational health and safety measures,
- comply with working-time requirements,
- provide annual leave and other statutory entitlements,
- comply with the prohibition of discrimination, and
- complete required notifications within the applicable deadlines.
Depending on the circumstances, violations of these obligations may result in administrative sanctions, employment-related claims, or other legal consequences.
Changing Employers as a Foreign Worker
When a foreign employee wishes to change employers, simply signing a new employment contract may not be sufficient.
The existing work permit should be examined to determine which employer and employment conditions it covers.
The new employer may be required to complete a separate work permit procedure.
Accordingly, when a foreign employee changes employers, both the existing employer and the prospective employer should review the employee’s work authorization status.
Expiration of a Work Permit
Where a work permit has been issued for a specific period, the foreign national’s right to continue working after the permit expires must be assessed under the applicable rules.
Employers should monitor renewal or other required application procedures before the existing work permit expires.
Continuing to employ a foreign national after the expiration of the relevant work authorization may create legal and administrative risks for the employer.
For this reason, employers should maintain accurate records of the start and expiration dates of foreign employees’ work permits.
Termination of Employment of a Foreign Worker
When a foreign employee’s employment relationship ends, the employer may need to complete not only the employment termination procedures but also the relevant social security and work permit notifications.
Termination procedures should be completed accurately and within the applicable time limits.
If the foreign employee intends to remain in Türkiye after the employment relationship ends, their immigration status may also need to be assessed separately.
The termination of an employment relationship and the right to remain in Türkiye are legally distinct matters.
Foreign Employers Employing Workers in Türkiye
Foreign individuals and foreign legal entities operating in Türkiye may employ workers, including foreign nationals.
However, the fact that the employer is foreign does not eliminate its obligations concerning work permits or Turkish employment law.
A foreign employer employing personnel in Türkiye must comply with the applicable Turkish legislation.
For multinational companies, it is particularly important to correctly determine the employer structure of Turkish branches, subsidiaries, affiliates, or other local entities.
Can Foreigners Who Establish Companies in Türkiye Employ Workers?
A foreign individual who establishes a company in Türkiye may employ workers in accordance with the company’s legal structure and applicable legislation.
However, being the owner or shareholder of a company does not exempt the foreign individual from employer obligations.
The employer must comply with requirements concerning recruitment, payment of wages, social security registration, work permits, occupational health and safety, and other applicable employment obligations.
If the foreign employer or company owner also intends to personally perform work in Türkiye, their own work authorization status should be assessed separately.
Foreign Employees in Domestic Services
Employing foreign nationals in domestic services may also be subject to specific legal requirements.
Work permits, social security obligations, and relevant administrative procedures should be separately considered for foreign nationals employed in domestic services.
Individuals employing foreign caregivers, childcare workers, elderly care workers, or domestic helpers should correctly determine the legal nature of the employment relationship.
The fact that the employee works in a private home does not automatically eliminate work permit or social security obligations.
Consequences of Employing an Undocumented Foreign Worker
Employing foreign workers without the required work authorization or without completing the necessary registrations may create significant risks for the employer.
Administrative fines, social security contributions, employment-related claims for previous periods, and other legal sanctions may arise.
Undocumented employment may also create substantially more serious consequences for the employer if a workplace accident or occupational disease occurs.
For this reason, work permit, social security, and employment contract procedures should be completed before the foreign employee begins working.
Employment Rights of Foreign Workers
Foreign employees may have various employment rights under the Turkish employment laws applicable to their employment relationship.
These may include:
- the right to receive wages,
- overtime compensation,
- annual paid leave,
- weekly rest periods,
- national holiday and public holiday pay,
- occupational health and safety protections,
- protection against discrimination, and
- severance and notice compensation where the relevant statutory conditions are satisfied.
The scope of these rights should be assessed according to the employee’s employment contract, work authorization status, and actual working conditions.
Conclusion
Employing foreign workers in Türkiye is a multidimensional legal process requiring the work permit, employment contract, social security, wages, occupational health and safety, and other employment obligations to be considered together.
The fact that the employer is a foreign national or that the employee is a foreign national does not, by itself, remove the application of mandatory Turkish employment law.
Before a foreign employee begins working, the employer should verify the applicable work permit requirements, prepare an appropriate employment contract, complete social security procedures, and establish wages and working conditions in accordance with the law.
For foreign employees, holding a work permit does not mean that their fundamental rights under Turkish employment law disappear. Subject to the applicable legislation, foreign employees may be entitled to wages, regulated working hours, leave, occupational health and safety protections, and protection against discrimination.
For foreign employers and multinational companies operating in Türkiye, it is particularly important to ensure that local Turkish legislation and the company’s global human resources policies are properly aligned.
Yanıt yok