The Meaning of Annotations on Work Permits

October 17, 2024by Bünyamin Esen0

Foreign nationals who want to work in Türkiye legally must obtain either a “Work Permit” or “Work Permit Exemption Certificate”.

Work permits in Türkiye are issued by the Ministry of Labour and Social Security, General Directorate of International Labour, and, when first issued, if the “employment is period is less than one-year” the permit is to be issued for the duration of the contract, and if the contract period is more than one year, the permit is to be issued for a validity period of one year.

In some cases, there are annotaions on the work permit documents, and it is observed that foreign nationals do not know the meaning of these notes. The annotations numbered on the work permit cards refers to legal obligations. The employer and/or foreign personnel will be responsible for any legal and penal actions that may arise due to violation of obligations resulting from an annotated work permit. Thus knowing their meaning constitutes utmost importance.

The meaning of annotations in accordance their number are being explained below. First the number og annotation is being given followed by its legal meaning and description:

1

The foreign personnel granted work permit with this document cannot be employed with the title of engineer, architect or urban planner within the borders of the Republic of Turkey, pursuant to Law No. 3458 on Engineering and Architecture, cannot practice art with a signature, cannot vote using these titles or cannot sign.

2

The foreigner granted work permit with this document cannot practice the profession of attorney in Turkey pursuant to Article 3 of Lawyer Law No. 1136.

3

This document is issued within the scope of Law No. 2527 and will become valid if membership registration is made to the relevant professional chamber.

4

This document is valid together with the Validation Certificate to be obtained from the General Directorate of Civil Aviation of the Ministry of Transport and Infrastructure, which validates the licenses of foreign pilots and technicians in Turkey.

5

The foreigner who is granted a work permit with this document cannot practice the professions and duties that are reserved for Turkish citizens by the relevant laws.

6

The foreigner who is granted a work permit with this document cannot practice the profession of pharmacy in Turkey, in accordance with Article 2 of Law No. 6197 on Pharmacists and Pharmacies.

7

The work permit granted to foreign engineers and architects will become valid on the condition that they register/extend their temporary membership with the relevant Chamber within one month at the latest, in accordance with Article 36 of Law No. 6235 on TMMOB.

8

The foreigner who is granted a work permit with this document cannot practice the profession of veterinary medicine in Turkey, in accordance with Article 2 of Law No. 6343 on Veterinary Medicine.

9

The foreigner who is granted a work permit with this document cannot practice dentistry in Turkey in accordance with Law No. 1219 on the Practice of Medicine and Branches of the Arts.

10

The foreigner who is granted a work permit with this document cannot practice the profession of Captain within Turkish territorial waters in accordance with Cabotage Law No. 815.

11

When applying for a work permit extension; it is mandatory to prove their contributions to the national economy and the employment of the local workforce as a company partner and to fulfill the obligations related to national legislation.

12

The foreigner who is granted a work permit is required to employ at least 5 (five) Turkish citizens in his/her workplace every month, and this requirement is not sought in the first six months. This condition must be fulfilled starting from the 7th month of the work permit period. The foreigner who is granted a work permit is required to employ at least 5 (five) Turkish citizens in his/her workplace every month during the entire permit period. Otherwise, the work permit extension request will not be met.

13

The foreigner who is granted a work permit with this document must be employed within the framework of Article 71 of the Labour Law No. 4857 and the Regulation on the Methods and Principles of Employment of Child and Young Workers issued based on this article, and if the contrary is detected, the necessary legal and administrative sanctions will be applied.

14

In case of circus companies on tour in Turkey, the list of foreign personnel must be reported to the Provincial Directorates of Immigration Administration where they will be assigned.

18

This work permit is valid together with the Entry Permit Certificate to be obtained from the relevant Free Zone Directorate in accordance with the Free Zones Law No. 3218.

19

The work permit granted to a foreigner with the Internetional Protection Applicant or Conditional Refugee status does not replace a residence permit.

21

The work permit granted to foreign doctors will become valid on condition that they register as members of the relevant medical chamber within one month at the latest, in accordance with Article 7 of the Turkish Medical Association Law No. 6023.

22

In order to control the employment status at the workplace, the foreign partner/owner of the company who is granted a 6 (six) month work permit must employ at least 5 (five) Turkish citizens in the workplace every month during this permit period. Otherwise, the work permit extension request will not be met.

24

When applying for the extension of the work permit of the dependent foreign worker, the contributions of this foreigner to the company for which the permit is issued, our country’s economy and employment must be documented.

25

The foreigner cannot practice the profession of Medical Doctor with this work permit.

26

It is mandatory for the foreign partner/owner of the company who is granted a work permit to employ at least 5 (five) Turkish citizens in the workplace every month, and this requirement is not sought in the first six months. This condition must be fulfilled starting from the 7th month of the work permit period. The foreign partner/owner of the company whose work permit has been extended must employ at least 5 (five) Turkish citizens in the workplace every month during the entire permit period. Otherwise, the work permit extension request will not be met.

27

According to the Article 28, paragraph 4 of the Implementation Regulation of the International Labour Law, foreigners with indefinite work permits must renew their work permit documents every five (5) years as of the permit start date. Applications for document renewal must be made within six (6) months before the expiration of the five-year period and in any case before the expiration of the period.

28

This work permit is valid together with the “Business Opening and Work Permit” obtained from the relevant municipality in accordance with the provision of the “Regulation on Business Opening and Work Permits”.

Bünyamin Esen

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