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CHAPTER 3
THE RIGHT OF FOREIGNERS TO WORK IN TÜRKİYE AND THE WORK PERMIT SYSTEM
The right of foreigners to work in Türkiye does not automatically arise merely from the fact that a foreigner is lawfully present in the country. Whether a foreigner may work in Türkiye is primarily assessed within the framework of the legislation governing work permits.
The main legislation governing this area is Law No. 6735 on International Labour Force, while the provisions of Law No. 6458 on Foreigners and International Protection (LFIP) are also important with regard to the general legal status of foreigners in Türkiye. In addition, the work permit, residence rights, social security, labour law, and special regulations concerning the practice of certain professions must be evaluated together.
With regard to a foreigner’s ability to work in Türkiye, the fundamental issue is not merely whether the person has the right to remain in the country, but whether the person has a legal status that authorizes him or her to carry out employment activities.
Accordingly, the possession of a valid passport, visa, or residence permit does not, by itself, mean that a foreigner has the right to work in Türkiye. The requirements of the work permit system must also be examined.
The Legal Basis of the International Labour Force System
One of the principal laws governing the right of foreigners to work in Türkiye is Law No. 6735 on International Labour Force.
The purpose of the Law is to determine, implement, and monitor policies concerning the international labour force; regulate the procedures and principles governing the employment of foreigners in Türkiye; and increase the contribution of the international labour force to the Turkish economy.
Within this system, the state subjects the admission of foreign labour to Türkiye to certain rules.
The work permit system enables foreigners to work lawfully in Türkiye while also allowing the state to take into account the needs of the labour market, the public interest, and the country’s economic and social conditions.
Accordingly, the right of foreigners to work should not be regarded as an absolute and unlimited right, but rather as a legal status exercised within the conditions established by law.
Distinguishing the Right to Remain in Türkiye from the Right to Work
One of the most important distinctions in the law of foreigners is the distinction between the right to remain in Türkiye and the right to work in Türkiye.
A foreigner may hold a valid residence permit in Türkiye. However, this does not always mean that the person has the right to work.
Likewise, allowing a foreigner to remain in Türkiye for a certain period does not automatically grant that person the authority to enter into an employment contract or engage in employment activities.
With regard to the right to work, it must also be determined whether the foreigner has a work permit or another special legal status that replaces a work permit.
This distinction is particularly important for foreigners residing in Türkiye on tourist, student, or family residence permits.
For example, a foreigner may hold a short-term residence permit in Türkiye. However, if that person wishes to work, it must separately be assessed whether the residence status held by that person provides a right to work.
Therefore, when assessing a foreigner’s legal status, the following two questions should be considered separately:
First question: Does the foreigner have the right to remain and reside in Türkiye?
Second question: Does the foreigner have the right to work in Türkiye?
The answers to these two questions will not necessarily be the same.
The Concept and Legal Nature of a Work Permit
A work permit is an official document issued by the competent authority within the framework of the relevant legislation, granting a foreigner the right to work in Türkiye.
A work permit may provide the legal basis for a foreigner to work for a particular employer, in a particular profession, or under specified conditions.
For this reason, a work permit should not be regarded merely as a simple document demonstrating that a foreigner is allowed to work. The scope and duration of the permit, the employer information, and the nature of the employment activity are important in determining the foreigner’s legal status.
Because of its legal nature, the foreigner is required to work in accordance with the conditions specified in the permit.
Working outside the scope of the permit or engaging in employment without a work permit may result in administrative sanctions under the relevant legislation.
Foreigners Required to Obtain a Work Permit
Foreigners who wish to work in Türkiye are, as a general rule, required to obtain a work permit before commencing employment.
The work permit application procedure may differ depending on the foreigner’s circumstances, the employer for whom the foreigner will work, the profession, and the form of employment.
The procedure may also differ between a foreigner who is already in Türkiye and a foreigner who has not yet entered Türkiye.
Accordingly, the authority through which the application must be submitted and the procedure to be followed must be determined according to the foreigner’s existing legal status in Türkiye.
Commencing work without obtaining a work permit may result in legal and administrative consequences for both the foreigner and the employer employing that foreigner.
Types of Work Permits
There are different types of work permits under Law No. 6735.
These include, in general:
- Work permit for a definite period
- Indefinite work permit
- Independent work permit
- Turquoise Card
In addition, special rules concerning the right to work may apply to international protection applicants, refugees, and foreigners holding other special statuses.
Accordingly, not all foreigners are subject to the same conditions regarding the right to work.
The foreigner’s status in Türkiye, educational background, profession, form of employment, relationship with the employer, and any special legal status held by the foreigner may be relevant in determining the right to work.
Work Permit for a Definite Period
A work permit for a definite period is the basic type of work permit that enables a foreigner to work in Türkiye for a specified period.
Upon an initial application, a work permit may be granted for a certain period following the assessment prescribed by law.
The duration of the permit is determined by taking into account the foreigner’s working conditions and the nature of the employment relationship.
One of the most important characteristics of a work permit for a definite period is that the right to work is limited to a specific period.
Therefore, the foreigner must keep track of the commencement and expiry dates of the work permit.
Once the permit expires, it must separately be assessed whether the right to work continues.
Extension of a Work Permit for a Definite Period
If a foreigner wishes to continue working after the expiry of the work permit, an extension of the work permit may become necessary.
When an extension application is made, matters such as whether the existing employment relationship continues, the circumstances of the employer, the working conditions, and other requirements prescribed by the legislation may be assessed.
It is important that the extension application be submitted in a timely manner.
The legal position between the expiry of the work permit and the conclusion of a new application must be assessed according to the circumstances of the particular case and the rules established by the relevant legislation.
Therefore, the mere fact that an application has been submitted does not necessarily mean that the right to work automatically and indefinitely continues in every case.
Indefinite Work Permit
An indefinite work permit is a special employment status available to foreigners who have resided and worked in Türkiye for a long period and satisfy the conditions established by law.
Where the conditions prescribed by law are satisfied, a foreigner may have the possibility of obtaining an indefinite work permit.
However, merely having resided in Türkiye for a long period or having worked for many years does not automatically result in entitlement to an indefinite work permit.
Whether the foreigner satisfies the required periods and other statutory conditions must be separately assessed.
An indefinite work permit provides an important degree of employment security for the foreigner; however, it does not produce the same legal consequences as Turkish citizenship.
Even if a foreigner holds an indefinite work permit, that person does not acquire all rights and obligations associated with Turkish citizenship.
Independent Work Permit
An independent work permit is a special type of work permit intended to enable a foreigner to carry out work activities independently rather than under an employer.
Under this form of employment, the foreigner is assessed through his or her own economic activity rather than through a traditional employer-employee relationship.
In relation to an independent work permit, factors such as whether the foreigner’s activity creates economic value, its contribution to investment or employment, and other criteria established by law may be taken into consideration.
For this reason, an application for an independent work permit may be subject to legal assessments that differ from those applicable to employment by a regular employer.
The Turquoise Card System
The Turquoise Card is a special legal mechanism within Türkiye’s international labour force policy aimed at attracting qualified foreigners to Türkiye.
The Turquoise Card system is particularly relevant to foreigners whose educational qualifications, professional experience, scientific or technological contributions, or similar characteristics are considered valuable for Türkiye.
Special employment and residence-related consequences are provided by law for Turquoise Card holders.
The primary purpose of this system is to attract qualified international labour to Türkiye and support individuals who may provide long-term economic, scientific, or technological contributions to the country.
The Work Permit Application System
Work permit applications may be submitted through different procedures depending on the foreigner’s legal status in Türkiye.
For foreigners residing outside Türkiye, the application process may be conducted through Turkish diplomatic missions abroad.
For foreigners already residing in Türkiye, an application from within Türkiye may be possible where the existing residence status and the applicable legal requirements permit such an application.
During the application process, the foreigner’s identity information, purpose of employment, employer information, employment contract, and other required documents may be examined.
Therefore, a work permit application may not consist solely of an individual application by the foreigner. In particular, where employment by an employer is involved, the employer also has important obligations during the application process.
The Role of the Employer in the Work Permit Process
Where a foreigner works for an employer in Türkiye, the employer is an important participant in the work permit system.
The employer must satisfy the conditions prescribed by the legislation in order to employ a foreign worker.
During the work permit application process, matters such as the employer’s corporate structure, number of employees, financial position, field of activity, and the work to be performed by the foreign worker may be assessed.
Accordingly, a work permit is not granted solely on the basis of the foreigner’s personal characteristics.
The foreigner + the employer + the job + the working conditions may be assessed together when determining the outcome of a work permit application.
Assessment Criteria in Work Permit Applications
Various criteria may be taken into consideration when assessing work permit applications.
These may include the foreigner’s educational qualifications, professional experience, nature of the job, financial and economic position of the employer, conditions in the Turkish labour market, and other criteria established by the relevant legislation.
Additional requirements may also apply to certain professions.
In particular, in areas such as healthcare, education, engineering, law, and similar fields, a foreigner’s ability to work may require not only a work permit but also compliance with special regulations governing the practice of the relevant profession.
Therefore, obtaining a work permit does not mean that every profession may automatically be practiced in Türkiye.
Professions in Which Foreigners May Not Work or Which Are Subject to Special Requirements
Certain professions in Türkiye may be reserved exclusively for Turkish citizens or may be subject to special conditions for foreigners.
Such restrictions may arise from special legislation governing the profession independently of the work permit system.
Accordingly, the fact that a foreigner is eligible to obtain a work permit does not mean that the foreigner may practice every profession.
For example, certain public positions or professions legally reserved for Turkish citizens may not be available to foreigners.
Therefore, before applying for a work permit, it should separately be examined whether the profession in question may legally be practiced by a foreigner.
The Relationship Between a Work Permit and a Residence Permit
There is a direct legal relationship between work permits and residence permits.
Just as a foreigner’s right to work in Türkiye must be established, the foreigner’s right to remain in Türkiye must also be assessed separately.
One of the important consequences of the work permit system is that, under certain conditions, a work permit may also have consequences with regard to the foreigner’s right of residence in Türkiye.
Accordingly, whether a foreigner holding a work permit is also required to obtain a separate residence permit must be assessed according to the nature of the work permit and the applicable legislation.
The fundamental distinction is as follows:
A residence permit is the legal mechanism governing the right to remain in Türkiye, whereas a work permit is the legal mechanism governing employment activities.
Distinguishing these two legal institutions is important for correctly understanding the foreigner’s legal status.
The Consequences of a Work Permit for the Right of Residence
The validity of a work permit may have important legal consequences regarding the foreigner’s lawful presence in Türkiye.
However, if the work permit expires, it must separately be assessed whether the foreigner may continue to remain in Türkiye.
Where the foreigner’s employment relationship ends, the work permit is cancelled, or the permit period expires, it becomes important to determine whether the person has another legal status allowing continued residence.
Therefore, a foreigner whose work permit has expired should not automatically be considered to have the same residence status as before.
The Limits of a Work Permit
A work permit does not grant an unlimited right to work.
It is important to consider for which job, for which employer, and for what period the permit has been issued.
In particular, under work permits issued for employment with a specific employer, commencing employment with another employer may fall outside the scope of the existing permit and may require a new permit or a new legal assessment.
Therefore, foreigners should carefully examine the information contained in their work permit documents.
Engaging in activities outside the scope of the work permit may constitute a violation of the work permit legislation.
Change of Employment and a New Work Permit
Where a foreigner wishes to change employers, it must separately be assessed whether the existing work permit remains valid for the new employment relationship.
In particular, where a work permit has been issued for a specific employer, moving to another employer may fall outside the scope of the existing permit.
Therefore, before changing employers, the necessary permit process should be assessed in light of the new employer and the new working conditions.
Beginning work for a new employer without obtaining the necessary permit may create a risk of administrative sanctions for both the foreigner and the new employer.
Cancellation of a Work Permit
A work permit may be cancelled if certain conditions arise.
Cancellation may become relevant where the conditions on which the permit was granted cease to exist, the foreigner works outside the scope of the permit, or other circumstances specified by the legislation arise.
Cancellation of the work permit directly affects the foreigner’s right to work.
Depending on the type of permit, it may also produce consequences regarding the foreigner’s residence status in Türkiye.
Therefore, a decision cancelling a work permit should be assessed not only in terms of employment but also in terms of the foreigner’s overall legal status in Türkiye.
Expiry of a Work Permit
Where a work permit has been granted for a specific period, it must be separately assessed whether the permit status continues after the expiry of that period.
If the foreigner wishes to continue working, the necessary extension or new work permit application must be submitted.
The consequences arising from the expiry of a work permit in relation to the employment relationship and the foreigner’s residence status should be assessed separately.
Therefore, it is important for the foreigner to regularly monitor the validity period of the permit.
Consequences of Working Without a Work Permit
Working in Türkiye without the required work permit may produce unlawful consequences.
In such circumstances, administrative sanctions may arise not only for the foreigner but also for the employer employing the foreigner.
Unauthorized employment may also affect the assessment of the foreigner’s legal status in Türkiye and, in certain circumstances, may lead to the initiation of removal proceedings.
Therefore, before commencing work in Türkiye, a foreigner should clearly determine whether he or she possesses the necessary legal right to work.
Employment of a Foreigner Without a Work Permit by an Employer
Various administrative sanctions may be imposed on an employer who employs a foreigner without a work permit.
Before employing a foreigner, the employer must verify whether the work permit is valid and whether its scope corresponds to the work to be performed.
It is not sufficient for an employer to assume that a foreigner has the right to work merely because the foreigner possesses a passport or residence card.
This is because residence status and the right to work are distinct legal institutions.
Employment Rights of Foreign Workers Under Labour Law
The employment of foreigners who hold work permits in Türkiye does not place them entirely outside the scope of labour law.
Depending on the nature of their employment relationship, foreign workers may benefit from various rights arising under Turkish labour law.
Relevant legislation may apply to matters such as wages, working hours, annual leave, occupational health and safety, termination of the employment contract, and social security.
The fact that a worker is not a Turkish citizen does not eliminate the employer’s obligations arising from labour law.
Accordingly, the foreign worker’s work permit and the rights arising from labour law should be assessed separately but in connection with one another.
Social Security and Foreign Workers
The social security system is also important for foreigners working in Türkiye.
Depending on the nature of the employment relationship, a foreigner may be required to be covered by the applicable social security legislation.
The employer must fulfil the relevant social security registration and contribution obligations concerning the foreign worker.
Accordingly, a work permit does not replace social security obligations.
In other words, possession of a work permit and completion of the necessary social security registrations are separate legal obligations.
The Right to Work of International Protection Applicants
The right to work of foreigners who have applied for international protection is subject to special rules that differ from those applicable to other foreigners.
The LFIP contains specific provisions concerning the right of international protection applicants to work.
An international protection applicant may be required to satisfy certain periods and conditions in order to exercise the right to work.
Therefore, submitting an international protection application does not automatically grant the applicant an immediate and unlimited right to work.
The conditions established by the relevant legislation must be satisfied before the right to work may be exercised.
The Right to Work of Refugees and Conditional Refugees
The LFIP contains special provisions concerning the right to work of foreigners holding refugee or conditional refugee status.
The ability of persons holding these statuses to participate in the labour market constitutes an important element of the international protection system.
The scope of the right to work is determined according to the nature of the status and the conditions established by the applicable legislation.
Accordingly, although there is a direct relationship between international protection status and the right to work, the legal consequences of each status must be examined separately.
The Right to Work of Beneficiaries of Subsidiary Protection
Subsidiary protection is a special legal status within Türkiye’s international protection system.
Special provisions concerning the right to work may also apply to foreigners holding this status.
When assessing the rights provided by subsidiary protection status, the foreigner’s identity document, whether the status continues to be valid, and the legislation applicable to the employment activity should be considered together.
Therefore, the employment rights of foreigners under international protection should not be considered completely independently from the general work permit system. Rather, the LFIP and the international labour force legislation should be assessed together.
The Right to Work of Foreigners Under Temporary Protection
The right to work of foreigners under temporary protection is subject to a special legal regime.
For these persons to work in Türkiye, their temporary protection status must continue and the work permit requirements established by the relevant legislation must be satisfied.
A temporary protection identity document does not, by itself, mean that its holder has an unrestricted right to work under all circumstances.
Depending on the nature of the employment activity and the applicable regulations, a separate work permit or a special mechanism granting the right to work may be required.
The Right to Work of Students
The right to work of foreigners residing in Türkiye with a student residence permit is assessed according to their level of education and the applicable legislation.
Holding a student residence permit does not automatically provide an unlimited right to work.
Special rules apply in particular to the employment of foreign higher education students.
Therefore, before commencing employment, a foreign student should examine his or her educational status, level of study, and the special rules applicable to work permits.
Self-Employment Activities of Foreigners
A foreigner’s conduct of an economic activity on his or her own behalf is legally different from working as an employee for an employer.
A foreigner wishing to conduct a commercial or professional activity independently may be subject to the rules concerning independent work permits and other relevant legislation.
Furthermore, the establishment of a company or holding shares in a company must be distinguished from actually carrying out employment activities.
The fact that a foreigner may establish a company or become a shareholder in a company in Türkiye does not, in every case, mean that the foreigner automatically has a right to work without a separate work permit.
Accordingly, commercial partnership, ownership of a company, and actual employment activities must be assessed separately.
Employment Status of Foreign Company Shareholders
The nature of the activities carried out by a foreigner who is a shareholder in a company in Türkiye is important.
Merely holding capital in a company is not necessarily legally equivalent to actively working in the management or day-to-day operations of that company.
Therefore, when assessing the employment status of foreign company shareholders, the shareholding structure, the position held within the company, actual employment activities, and the applicable work permit regulations should be examined together.
Professional Qualifications and Recognition of Diplomas
For certain professions, foreigners may be required to satisfy additional requirements such as recognition of diplomas, professional qualifications, or requirements imposed by the relevant professional organization, in addition to obtaining a work permit.
Particularly in regulated professions, it is important that the foreigner’s education or professional qualification obtained abroad is recognized in Türkiye.
Therefore, obtaining a work permit does not always mean that all other conditions relating to the practice of a profession have been satisfied.
The foreigner must satisfy both the requirements concerning the work permit and the special regulations governing the relevant profession.
Work Permits and Public Order
The work permit system is not established solely on the basis of economic needs.
Public order, public security, the country’s social and economic conditions, and the needs of the labour market may also be relevant in the assessment process.
When regulating the employment activities of foreigners, the state may take into account both the rights of foreign workers and the economic and social interests of the country.
Accordingly, the assessment of work permit applications is not merely an individual licensing process; it is also part of the international labour force policy.
Legal Safeguards in Work Permit Procedures
Since work permit procedures are administrative in nature, the actions of the competent authorities must comply with the law.
Decisions such as approving or rejecting an application, refusing to extend a work permit, or cancelling an existing work permit must have a legal basis.
It is also important that a foreigner be able to learn the nature, reasoning, and, where applicable, legal remedies available against an administrative decision concerning him or her.
Therefore, the work permit system does not consist solely of a mechanism for granting permission. It also contains legal safeguards available to foreigners in relation to administrative decisions.
Legal Remedies Against Work Permit Decisions
Where a work permit application is rejected or an existing work permit is cancelled, administrative and judicial remedies may be available depending on the foreigner’s legal circumstances.
The first step is to determine the nature of the decision that has been issued.
The date on which the administrative decision is notified is particularly important for calculating the relevant application and litigation periods.
Therefore, the foreigner should carefully examine the content and reasoning of the decision communicated to him or her and take the necessary legal steps in a timely manner so as not to miss the applicable deadlines.
The Relationship Between Work Permits and Removal
A foreigner’s working without a work permit or acting contrary to the conditions of a work permit may produce consequences extending beyond labour law.
Depending on the circumstances of the particular case, removal proceedings under the LFIP may also become relevant.
However, the absence of a work permit cannot automatically be equated with a removal decision.
The conditions established by the LFIP for removal must be independently satisfied.
Accordingly, a violation concerning a work permit and a removal measure must be legally assessed separately.
Work Permits and the Principle of Non-Refoulement
The principle of non-refoulement under the LFIP cannot be considered independently from administrative proceedings arising in relation to work permits.
Although various administrative measures may be imposed on a foreigner because of a violation relating to a work permit, if the country to which the person would be sent presents a risk of torture, inhuman or degrading treatment, or a serious threat to life or liberty, the principle of non-refoulement must also be taken into consideration.
This demonstrates that different areas of the law governing foreigners are interconnected.
Work permits, residence status, removal procedures, and international protection mechanisms should be assessed together according to the circumstances of the particular case.
The Difference Between a Work Permit and Citizenship
Long-term employment in Türkiye or possession of a work permit does not automatically grant a foreigner Turkish citizenship.
A work permit is a legal status relating to the foreigner’s employment activities in Türkiye.
Citizenship, by contrast, represents the political and legal bond between an individual and the Republic of Türkiye.
Accordingly, even a long-term work permit does not produce the same legal consequences as citizenship.
Acquisition of citizenship is a separate legal process requiring the satisfaction of the conditions established by the relevant legislation.
General Assessment of the Chapter
The right of foreigners to work in Türkiye is a comprehensive area requiring the joint assessment of Law No. 6735 on International Labour Force, Law No. 6458 on Foreigners and International Protection, labour law, social security law, and relevant special legislation.
The fact that a foreigner is lawfully present in Türkiye does not, by itself, grant a right to work.
With regard to the right to work, it must be determined whether the foreigner holds a work permit or a special legal status that replaces a work permit.
The work permit system includes different statuses such as work permits for a definite period, indefinite work permits, independent work permits, and the Turquoise Card.
In addition, special rules concerning the right to work apply to international protection applicants, refugees, conditional refugees, beneficiaries of subsidiary protection, persons under temporary protection, and students.
The distinction between a work permit and a residence permit is also particularly important. A residence permit primarily regulates the right to remain in Türkiye, while a work permit regulates employment activities. At the same time, a work permit may have certain legal consequences regarding the foreigner’s residence status.
Furthermore, obtaining a work permit does not mean that a foreigner may practice every profession. Certain professions may be reserved for Turkish citizens, or additional requirements such as recognition of diplomas, professional qualifications, or special permits may apply to foreigners.
Conclusion
The right of foreigners to work in Türkiye is one of the most important areas of the law governing foreigners.
The fact that a foreigner has lawfully entered Türkiye or holds a valid residence permit does not, by itself, mean that the foreigner has a right to work. A foreigner wishing to engage in employment activities in Türkiye must, as a general rule, have the right to work under the relevant legislation and obtain the necessary work permit.
The work permit system establishes the legal boundaries of the foreigner’s employment activities. The duration of the permit, the employer, the job, and the profession are important factors in determining the foreigner’s employment status.
Accordingly, the information contained in the foreigner’s work permit should correspond to the actual working conditions.
Working without a work permit or engaging in activities outside the scope of the permit may result in administrative sanctions for both the foreigner and the employer. Depending on the circumstances of the particular case, the foreigner’s legal status in Türkiye and even removal proceedings may also require consideration.
However, no automatic connection should be established between the absence of a work permit and removal. Each legal institution has its own requirements. In addition, when administrative measures are taken against foreigners, the fundamental principles of the LFIP, and particularly the principle of non-refoulement, must be taken into account.
In conclusion, when assessing a foreigner’s right to work in Türkiye, it is not sufficient to answer only the question, “Does the foreigner have a work permit?” The foreigner’s legal status in Türkiye, the type and duration of the work permit, the employer, the work being performed, whether the profession may legally be practiced by a foreigner, social security obligations, and the consequences of the work permit with regard to the right of residence must all be assessed together.
This comprehensive approach is of fundamental importance both for ensuring that foreigners are able to work lawfully in Türkiye and for preventing administrative and legal risks that may arise for both the foreigner and the employer.
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