In 2016, Turkey introduced the International Workforce Law to govern the rights and responsibilities of foreign workers within its borders.
This law requires foreign workers to obtain a work permit from the Ministry of Labor in order to engage in freelance work or enter into employment contracts while in Turkey. However, certain bilateral and multilateral agreements, to which Turkey is a party, allow nationals from specific countries to work in Turkey without the need for a work permit. When assessing work permit applications, the Ministry of Labor considers various factors, including the nature of the work and the overall economic conditions in Turkey that impact employment. Prior to the enactment of the International Workforce Law in August 2016, Turkish employers were obligated to hire five Turkish nationals for each foreign worker they employed, commonly referred to as the “1+5 rule.” Additionally, employers were required to prioritize Turkish candidates for job vacancies, unless they could provide a legitimate reason for hiring a foreign worker. However, in line with the International Workforce Law, the Ministry of Labor is expected to establish new secondary regulations to comprehensively govern work permits, potentially rendering the 1+5 rule and prioritization rule obsolete.
These permits are granted for a maximum of one year for specific jobs at specific workplaces with specific employers. Extensions can be requested for up to two years for the first extension with the same employer and up to three years for subsequent extensions, still with the same employer.
This permit is available to foreigners who have either lived in Turkey under a long-term residency permit or have legally worked in the country for at least eight years. Holders of an unlimited-term permit generally enjoy the same rights as Turkish citizens, with the exception of the right to work in public service or the right to vote.
This type of permit is issued to foreign experts in specialized fields or to individuals who are shareholders and registered executives of Turkish companies, such as managers of limited liability companies or board members of joint-stock companies.
Turquoise permits are granted to foreigners who significantly contribute to Turkey’s economy and employment through their high level of education, professional expertise, scientific and technological contributions, or investments in the country. These permits are indefinite with a three-year probationary period and also cover the foreigner’s spouse and children. Turquoise permit holders enjoy the same rights and benefits as unlimited-term permit holders.
For specific sectors like healthcare and education services, foreign workers seeking work permits must first obtain a preliminary work permit from the relevant ministry before applying for a work permit from the Ministry of Labor.
In exceptional circumstances, some foreigners may be granted one of the aforementioned work permits without being subject to the usual time limitations. Such exceptions include foreigners married to Turkish citizens who have continuously resided in Turkey with their spouses, European Union nationals, Turkish Republic of Northern Cyprus nationals, individuals of Turkish descent, and those deemed qualified employees or investors.
Azkan Group can support you in your Employer of Record (EOR) and payroll requests (also called Umbrella Company) in Turkey. We can manage your HR requests even if you don’t have a legal entity in Turkey.
