Things to do by those who want to Employ Foreign Trainee in their Companies
Pursuant to article 18 of Vocational Training Law, the businesses employing 20 personnel or more should employ trainee. Companies are obliged to employ foreign or Turkish trainee within business on condition it is not less than 5% and more than 10% of personnel number.
In order to determine personnel number of businesses, counting is made in January each year. Determination of employee of the businesses which operate in summer months is also conducted in July. Period of internship named as skill training for trainees starts at the beginning of education year.
No distinction is made between Students of the Schools where Compulsory Internship Practice is applied
In the circular no. 16 of Social Insurance Institution, in the chapter titled “trainees”, internship is described as practical learning of taken training and carrying out field studies required for profession. In order to qualify a student a trainee, at first it is required that compulsory internship applications are available within the institution at which training is received and student is sent to this business for certain periods with the aim of practical training in a workplace by school.
In the event that expression “compulsory internship application” is found in the program of institution where training is done, no distinction exists between Turkish students and foreign students and the foreign students and Turkish students maintain their studies with the same trainee title.
How Insurance Payments of Trainee are made?
Even though trainees are paid from the place where they work during internship period, as their working in workplace is not based on free declaration and a necessity which is arisen from status of related education institution, it is unnecessary to be assumed insured by business. In regard to apprenticeship, internship regardless of its name of the students under this status, their insurance in the course of internship period is paid by school.
However if education institution has no “compulsory internship training” procedure, students start to work under trainee status willingly or still continue to work in spite of end of internship period, it is necessary that they are insured by company.
Occupational accident, occupational disease and disease insurance application for foreign and Turkish students who work as trainee in companies within the scope of Vocational Training Law is among legal liabilities for companies within the framework of Social Insurance Law no. 5510.
What is the Amount of Foreign Trainee Monthly Pay ?
The wages to be taken, social rights and all other working activities of both Turkish trainees and foreign trainees are set by Turkish laws, no flexibility exists outside the law.
In pursuance of article 25 of Vocational Training Law, as regards all persons who work as trainee in businesses, companies cannot make wage payment less than 30% of minimum wage. As per the law, the wages paid to the person who work under the status like trainee, apprentice, apprentice candidate, etc. are exempted from tax.
All paperwork, procedures and follow-up of internship file of trainee are carried out by respective school. The companies which will employ trainee should only submit performance and job education of student in a report to school.
We have made explanations about the things to do by those who want to employ foreign student in their companies. All of these explanations made are the knowledge to gain validity in case “compulsory internship application” is present within the school where training is received. Regulations and law articles differ for the person who wants to work willingly based on trainee quota in the companies and when no compulsory internship application is available within school.
In case no compulsory internship application exists in school at which training is taken, work permit is sought for foreign students. Each foreign person working within company in this way should have work permit, their monthly pay should be paid over minimum wage and their required insurance premium should be deposited. All foreign student employment activities outside compulsory internship application will acquire commercial dimension and generate worker-employer relationship. Pursuant to Turkish laws, severe penalty is implemented to the businesses that do not employ foreign student in line with related law article.
