Employing Illegal Foreign Personel
Illegal employment of foreign workers and its consequences; Employment of foreigners in Turkey without a work permit and insurance or There are many measures taken by the state in Turkey to fight against the uninsured employment of its citizens.
In particular, the Social Security Institution affiliated to the Ministry of Labor and Social Security and the inspectors of this institution are responsible for ensuring that workplaces employ personnel in accordance with the law.
Penalty for Employing Illegal Foreign Workers
A foreign worker who is found to be working illegally is deported. https://atakurumsal.com/en/the-reasons-for-the-expulsion-of-foreigners/
The penalties imposed by the Ministry of Labor and Social Security on workplaces employing foreign workers without a work permit and on foreigners are as follows:
|ADMINISTRATIVE FINES||2019AMOUNT OF PENALTY(TL)||2020AMOUNT OF PENALTY(TL)||2021AMOUNT OF PENALTY(TL)|
|For each foreigner, employers employing the foreigner who does not have a work permit||8.821||10.812||11.796|
|Foreigner working dependently without a work permit||3.527||4.323||4.716|
|Foreigner working independently without a work permit||7.057||8.650||9.438|
|For each foreigner who does not fulfill the notification obligation stipulated in the law in due time, who works independently and on indefinite leave and the employer who employs foreigners,||587||719||784|
As can be seen, the employer who employs illegal foreign workers who do not have a work permit and the foreigner who does not have a work permit are fined separately.
You may interested : 7 Things to Know Who Will Apply For Work Permit in Turkey
Fines Increase Exponentially
According to Article 23 of the International Labor Law, the fine to be applied in case of repetition of the above-mentioned situations is applied by increasing one fold. In other words, a foreigner working in a company in Turkey without a work permit in 2021 pays an administrative fine of 11796 Turkish liras if the situation is detected.
If this foreigner gets a job in another place in 2021 and this situation is detected again, she has to pay a fine of 4716 Turkish liras this time.
The Workplace of the Foreigner Without a Work Permit is Closed
In addition to these, the same administrative fines are imposed on workplaces that employ uninsured Turkish workers by the Social Security Institution. The penalty for employing a foreigner without a work permit and an uninsured Turkish citizen is the same.
The workplace of foreigners who work on their own account without a work permit is closed by the regional directorate of the Ministry of Labor and Social Security.
Before starting to work in a workplace or in their own business in Turkey, foreigners must obtain a work permit from the Ministry of Labor and Social Security in accordance with the “Law on Work Permits for Foreigners”.
Foreign national workers, who are employed with a work permit from the Ministry of Labor and Social Security, are deemed to be insured in accordance with Article 4/a of the Law No. 5510, regardless of their wishes, from the date they start working, and their employers must be notified to the SSI.
Foreigners and Workplaces Not Requiring a Work Permit
Foreigners who meet the following conditions and the workplaces that will employ them do not need to obtain a work permit. Therefore, the specified foreigners and their workplaces do not receive any administrative fine.
- Those who are 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 the purpose of 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
- 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.
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