According to the regulation regulating the work permits of foreigners, foreign nationals in Turkey have the freedom to work in a company or establish their own business. Foreigners who want to work in Turkey must obtain a work permit. In addition, workplaces that want to employ foreign nationals must also obtain legal permission.
Let’s look at the important situations that businesses that want to employ foreign nationals should pay attention to:
Important Situations for Employing Foreign National Personel
You must employ 5 Turkish personnel in return for foreign personnel.
If you want to employ a foreign personnel in your company, you have to employ at least 5 Turkish personnel in the company. In other words, if you want to employ 3 foreigners in your company, there must be at least 15 Turkish employees in the company. On the other hand, this rule does not apply if there is no Turkish employee who has the equipment and experience to do the job of foreign personnel in the field of advanced technology.
The Share of Capital in the Partnership must be at least 20%
If you want to hire a foreign partner to your company and work together, the foreigner must have at least 20% of the capital, not less than 40,000 TL.
The company must be above a certain level
The paid-in capital of a company that wants to employ foreign personnel must be at least 100.00 TL. Alternatively, its annual gross sales should be 800,000 TL or its exports in the last 1 year should be at least 250,000 US dollars.
There is a lower limit on salaries
There are certain lower limits on the salary to be paid to foreign personnel.
For example; You have to pay at least 6.5 times the minimum wage to pilots, at least 3 times the minimum wage to teachers, and at least minimum wage to those who will work in domestic services.
You Must Submit Your Documents Completely
Businesses that want to employ foreign nationals must prepare the following documents in full and submit them to the Ministry of Labor and Social Security.
- Work permit application letter
- Balance sheet and profit/loss statement for the last year approved by the tax office or certified public accountant
- The original or certified copy of the Turkish Trade Registry Gazette showing the latest capital and partnership structure of the organization
- For private education institutions that will employ foreign teachers, a copy of the “Permit to Open an Institution and Start Teaching” from the Ministry of National Education and a license from the Ministry of National Education or a “Business and Working License” obtained from the municipality to which it is affiliated.
- For associations and foundations and organizations providing health services, documents showing their activity status from the relevant official authorities
- Notarized copy of the business and investment certificate obtained from the Ministry of Culture and Tourism for certified tourism establishments
- Documents stating that organizations (including consortia) that have the right to carry out projects for which international tenders have been opened by public institutions and organizations have undertaken the work to be received from the relevant institution and organization.
- For companies that will employ foreign experts within the scope of engineering, architecture, contracting and consultancy services, payroll and sample of the contract made with the foreigner to prove that a Turkish engineer/architect/urban planner is employed in the same profession
Foreigners who do not need a work permit
Some foreigners that you will employ in your company or organization do not need to obtain a work permit. The following foreigners can work at your workplace without a work permit. In this case, there is no official action to be taken.
- Those exempted from work permits with bilateral or multilateral agreements to which Turkey is a party,
- Foreigners who will work in national, international projects or international organizations to be carried out by consortia or in accordance with bilateral or multilateral agreements to which Turkey is a party
- Foreign football players, other athletes and coaches whose demands are approved by the Turkish Football Federation or the General Directorate of Youth and Sports,
- Permanent residence abroad; Foreigners who come to Turkey temporarily for less than one month for scientific, cultural and artistic activities,
- Foreigners who can prove that they have been on duty for a maximum of 6 months in fairs, circuses, shows and similar places in Turkey can work in Turkey without a work permit.
- Foreign students who will do internship in private or public institutions and organizations on the basis of reciprocity, within the framework of student exchange programs, provided that the internship period is limited.