Obligations of Employers Employing Foreign Personnel in Turkey

Questions

What legal regulations apply to employing foreign personnel in Turkey?
How is a work permit obtained for foreign employees in Turkey?
What are the Social Security Institution (SGK) obligations of employers employing foreign personnel in Turkey?
When should an extension application be made for a foreign employee whose work permit has expired in Turkey?
What are the responsibilities of employers in employing foreign personnel in Turkey?
What penalties are imposed on employers who employ foreign workers without permission in Turkey?
Which employers in Turkey are required to obtain a work permit to employ foreign workers?
What documents must an employer submit during the work permit application in Turkey?
How are social security premiums calculated for foreign employees in Turkey?
Is the existing permit valid for a foreign employee working in a different position in Turkey?
What is the risk of employing foreign personnel without obtaining a work permit in Turkey?
Within what period must the notification of a foreign employee leaving work be made in Turkey?
Does an employer have any obligations for a foreigner with a Turquoise Card in Turkey?
Is employer notification required for self-employed foreigners in Turkey?
Should a new application be made in the event of a workplace change for foreign personnel in Turkey?
From which countries are foreigners not subject to SGK under the social security agreement in Turkey?
Should the application process for foreign personnel in Turkey be conducted by a lawyer?
What are the most common mistakes made by employers employing foreign personnel in Turkey?
Which documents are asked regarding foreign personnel during SGK inspections in Turkey?
Why is it important to obtain professional consultancy during the work permit process in Turkey?

Legal Basis for Employing Foreign Personnel in Turkey

Which legal regulations govern the process of employing foreign personnel in Turkey?

The legal framework that employers must comply with when wishing to employ a foreign national in Turkey is determined by various laws and regulations. The primary regulation in this field is the Law No. 6735 on International Workforce. This law regulates the permit processes required for foreigners to work in Turkey and the obligations of both the employers and foreign employees during this process.

Additionally, the Law No. 6458 on Foreigners and International Protection provides the general framework governing the entry, stay, and residence permits of foreigners in Turkey. Since the work permit also constitutes a type of residence permit, this regulation is directly relevant.

Furthermore, the Law No. 4817 on Work Permits for Foreigners, which was in force until 2016, was repealed by the enactment of Law No. 6735. Nevertheless, some regulations still refer to this old law in practice. This may occasionally cause technical and interpretive differences in application.

Specialist legal professionals, such as Turkey citizenship lawyers and Turkey work permit lawyers, play an important role in correctly interpreting this legislative complexity and ensuring that employers fully fulfill their legal obligations. Because not only the laws but also numerous regulations, circulars, and secondary legislation based on these laws exist.

If an employer fails to consider this legal infrastructure before employing a foreign national, serious administrative sanctions may arise for both the employer and the employee. The process of employing foreign personnel in Turkey is not merely an application for a permit but also a comprehensive legal compliance process.

General Conditions for Obtaining a Work Permit for Foreign Personnel in Turkey

What conditions are required for an employer in Turkey to obtain a work permit for foreign personnel?

For an employer in Turkey to employ a foreign person, it is mandatory to obtain a work permit on behalf of that person. This permit is issued by the Ministry of Labor and Social Security, and both the employee and the employer must meet certain conditions.

For the application to be accepted, first, the foreign person must either be legally present in Turkey or, in cases of applications from abroad, the procedure must be carried out with the reference number obtained from the Turkish consulates abroad. Foreigners legally present in Turkey must have a residence permit valid for at least six months.

On the employer side, the following conditions are important:

Having a business established and operating in Turkey,
Employing at least 5 Turkish citizens (this number is required for one foreigner),
Justification and suitability regarding the position to which the foreigner will be employed,
The workplace’s Social Security Institution (SGK) and tax registration must be active,
The foreigner to be employed must have the education or professional qualifications required by the position.

In some cases, exceptional work permits or work permit exemptions may also be considered. For example, applicants for the Turquoise Card or some individuals with international protection status are subject to different procedures.

At this point, the employer must be familiar with the initial work permit application and the work permit extension application processes in Turkey. However, since the process involves many technical details and procedures carried out through electronic systems, errors are frequently encountered in practice.

In such applications, working with an expert attorney such as a Turkey work permit lawyer or an İzmir work permit lawyer will ensure that the process proceeds completely and smoothly. Otherwise, it is possible to face outcomes such as rejection decisions, administrative fines, or loss of application rights.

Obligations of Employers Hiring Foreign Personnel in Turkey During the Application Process

What are the obligations that an employer in Turkey must fulfill when applying for a work permit for foreign personnel?

An employer in Turkey applying for a work permit for a foreign national is not limited to just filling out a form. The process involves many obligations in both technical and legal terms. Failure to fully fulfill these obligations may result in the rejection of the application or administrative sanctions in the future.

The employer's obligations are not limited only to the moment of application. They continue during the waiting period until the work permit is granted and after its issuance. The employer is obliged to notify the Ministry of when the foreigner started working, when they left the job, changes of address, and changes in position.

Additionally, for the employed foreign worker, salary levels ranging from at least 1.5 to 6 times the minimum wage in Turkey must be applied. This rate is determined according to the employee's position (for example; manager, engineer, expert, etc.). The purpose of this practice is to protect the Turkish labor market and to ensure that foreign employment is limited only to persons with certain qualifications.

At this point, the employer's cooperation with a Karşıyaka work permit lawyer or a Turkey foreign nationals law lawyer ensures the complete preparation of documents and that the procedures are carried out properly in the system. In practice, even a small mistake can result in the rejection of the application.

Employer’s Ongoing Obligations During the Work Permit Period in Turkey

What are the employer’s obligations towards foreign employees during the work permit period in Turkey?

After obtaining a work permit for a foreigner in Turkey, the employer’s obligations do not end; on the contrary, this period is one where legal responsibilities continue. Failure to fulfill the employer’s obligations regularly and completely can pose serious risks both to the status of the foreign employee and the legal standing of the company.

The primary and most fundamental obligation is to employ the foreign worker in the position specified in the work permit, at the specified workplace, and for the specified duration. The work permit cannot be transferred to another employer or used for a different position. Otherwise, this situation may result in the cancellation of the permit and an administrative fine.

Some obligations the employer must pay attention to are as follows:

Notification to the Social Security Institution (SGK) must be made within 30 days from the start date of employment of the foreigner granted the work permit.
Situations such as the expiration of the foreign employee’s work permit, resignation, job change, or address change must be reported to the Ministry within 15 days.
The minimum wage obligation for the period the foreign employee worked must be fulfilled in accordance with sectoral minimum wage coefficients.
Social security premiums of the foreign employee must be paid fully and on time.
In cases of workplace closure, change of title, or change of employer during the work permit period, a new permit application must be submitted.

The greatest risk in this process is neglected reporting obligations. For example, failure to notify the resignation of a foreigner may cause the employer to be held liable in the future. Additionally, incomplete SGK notifications or obtaining a work permit for a foreigner who is not actually working are considered serious violations by both the Ministry of Labor and Social Security and the Directorate General of Migration Management.

In managing this complex process, obtaining support from a Turkey residence permit lawyer or an Izmir immigration law lawyer minimizes the criminal and administrative risks the employer may face. Professional legal consultancy not only ensures that the employer acts in compliance with the legislation but also guarantees the uninterrupted progress of business processes.

The Role of the Employer in the Extension of Work Permit Duration in Turkey

What procedures must the employer carry out when extending the duration of a work permit in Turkey?

Work permits granted to foreign employees in Turkey are generally issued for a limited period. In the initial application, a permit can be granted for a maximum of 1 year, for the first extension 2 years, and for subsequent extensions, up to 3 years at most. An indefinite work permit is only possible under certain conditions.

It is the employer’s responsibility to apply for the extension before the expiration of the limited-duration work permit. The extension application must be made starting 60 days before the permit expiration date and at the latest before the permit expires. Applications made after the work permit has expired for a foreigner are considered invalid.

The main obligations of the employer regarding the extension process are as follows:

A document proving that the current employment contract continues,
Submission of SGK (Social Security Institution) records, payroll, and documents related to the working period,
Current documents demonstrating that the employer’s business is active and that the employer has fulfilled their obligations (tax certificate, activity certificate, etc.),

Therefore, careful monitoring of the process is of great importance. Additionally, the employer must prove with documents in the extension application that the foreigner is actively working and that the employment contract continues. In practice, the incorrect or incomplete submission of these documents is one of the most common reasons for rejection.

For employers operating in Izmir or across Turkey, working with an expert Turkey citizenship lawyer or karşıyaka work permit lawyer regarding the work permit extension application during this process provides a significant advantage. Legal support ensures that the procedure is carried out on time, accurately, and completely.

What are the Social Security Institution (SGK) notifications and social security obligations of foreign employees in Turkey?

A foreign employee who has been granted a work permit in Turkey is subject to similar social security obligations as Turkish citizens. The employer is responsible for fulfilling these obligations completely and on time. Otherwise, both the employer and the foreign employee may face serious administrative sanctions.

Inclusion of foreign employees in the social security system is a fundamental step in legalizing the employment relationship in Turkey. Within this scope, the main obligations that the employer must pay attention to are as follows:

The foreign employee must be registered with the SGK by submitting a job entry notification within 30 days at the latest from the validity date of the work permit.
SGK notification must continue actively and uninterrupted during the foreign employee’s work permit period.
Monthly premium notification must be made regularly, and premiums must be paid based on wages corresponding to the position-specific coefficient of the determined minimum wage.
In the event of the foreign employee’s termination, the job exit notification must also be submitted to the SGK within the legal time limit.

The SGK system operates through the foreign identity number for foreign nationals. Registration procedures cannot be completed for persons without a foreign identity number. Therefore, the accuracy of this information during the application process is critically important.

Furthermore, Turkey has social security agreements with certain countries. According to these agreements, foreign nationals coming from specific countries may not need to be included in the SGK coverage. However, these exceptions apply only when special documents related to the relevant country’s citizenship are presented and are not absolute.

If the employer violates these obligations, both administrative fines and retrospective indebtedness may occur. Moreover, if unauthorized work and unregistered employment situations are detected by the Immigration Administration, severe consequences such as deportation procedures may arise.

Therefore, working with an experienced Turkey work permit lawyer or an İzmir foreign nationals law lawyer regarding social security notifications and practices minimizes the employer’s risks and ensures that procedures are conducted in accordance with the legislation.

Inspections and Sanctions for Employers Employing Foreign Personnel in Turkey

What sanctions can an employer face if they act in violation of the rules regarding employing foreign personnel in Turkey?

The employment of foreign nationals in Turkey is closely monitored both in terms of labor policies and public order. Therefore, employers who employ foreigners may be subject to regular and surprise inspections by both the Ministry of Labor and Social Security and the Directorate General of Migration Management.

According to the current legislation, severe administrative sanctions are imposed on employers who employ foreigners without a work permit. These sanctions are as follows:

An administrative fine is applied to the employer who employs a foreigner without a work permit, separately for each foreigner. This fine varies according to amounts determined annually.
The foreigner working without a permit is also subject to a penalty and may be subject to a deportation decision.
For the period worked without obtaining a work permit, Social Security Institution (SGK) premium debts and tax obligations are collected retroactively.
Failure to notify the Ministry when the foreigner leaves the job, the permit ends, or workplace information changes is also subject to a separate penalty.

Employers are required to keep the following documents complete and up to date during inspections:

The foreign employee’s valid work permit and contract,
SGK premium declarations and payrolls,
Job position, job description, and training documents,
Business activity certificates and permissions.

In addition, during inspections carried out upon notice or periodically, it is also checked whether the foreign employee actually works at the workplace. In cases where a work permit is obtained but the foreigner is not actually employed, penal sanctions are applied to both the employer and the foreigner.

For this reason, it is vital for every employer to obtain legal consultancy in order to prevent risks that may be encountered during inspection processes. Especially professionals experienced in this field, such as a Karşıyaka foreign nationals law lawyer or a Turkey work permit lawyer, not only ensure the employer’s compliance with the legislation but also prevent potential disputes.

The Most Common Mistakes Made by Employers Employing Foreign Personnel in Turkey

What are the most common legal mistakes encountered by employers employing foreign personnel in Turkey?

The employment of foreign personnel in Turkey is subject to very strict legislative provisions. Although employers often act in good faith, they can make serious mistakes when they are not sufficiently familiar with the details. These mistakes can lead not only to the rejection of applications but also to heavy administrative fines, permit cancellations, and even judicial proceedings.

Some of the most common legal and administrative mistakes made by employers are as follows:

Delaying the work permit application: Despite deciding to employ foreign personnel, a common mistake is not submitting the permit application on time. This situation is considered as employment without a permit and results in serious sanctions.
Submitting incomplete or incorrect documents: The validity, currency, and content of the documents used in the application are often inadequate. Such deficiencies lead to the rejection of the application. Even minor errors in Social Security Institution (SGK) documents, signature circulars, or contracts negatively affect the process.
Failure to notify SGK despite obtaining the work permit: Even if the work permit is granted, the employer is responsible if the employment notification is not made to SGK within 30 days.
Foreign worker’s position not matching the scope of the permit: This is considered a violation when the employer employs the foreigner in a position different from the one for which the work permit was obtained.
Neglecting notification obligations: Situations such as the foreign employee’s dismissal, change of address, or change in workplace information must be reported within 15 days. Failure to comply with this period results in penal consequences.
Insufficient salary payment or unregistered payments: Practices such as paying below the minimum wage, issuing incomplete payrolls, or making cash payments are among serious violations.
Applying for a foreigner without a valid residence permit: Applications made when the foreign individual is not legally present in Turkey are considered invalid.
Applying for the wrong type of work permit: For example, obtaining a limited-dependent permit for a foreigner who will work independently is a fundamental mistake in the application process.

The most effective way to avoid these types of mistakes is to cooperate with a Turkish citizenship lawyer or an izmir work permit lawyer who will manage the process from start to finish. Without professional support, the lack of legal knowledge does not protect the employer’s good faith and can lead to serious consequences in practice.

The Importance of Lawyer Support in the Work Permit Process in Turkey

Why is professional lawyer support necessary in the work permit process for foreign workers in Turkey?

Employing foreign personnel involves a complex process in Turkey, both technically and legally. This process is not merely an application procedure; it also entails the accurate and complete implementation of a multifaceted legal framework covering immigration law, labor law, social security law, and administrative law.

Employers, despite their often well-intentioned efforts, may fail to fully grasp the details of the process, leading to incorrect applications, submission of incomplete documents, or failure to comply with deadlines. This results in not only rejection of the application but also administrative fines and potentially greater legal problems in the future.

The main advantages of working with a professional Turkey work permit lawyer are:

Determining the most appropriate type of permit by considering the situation of the employer and the foreigner,
Preparing the necessary documents completely and submitting them in a legally compliant manner,
Properly managing the application process through the e-permit system,
Fulfilling notification obligations without error and on time,
Professionally utilizing legal appeal procedures in cases of administrative rejection, cancellation, or penalties.

Moreover, since the employer's obligations continue even after the application is approved, ongoing legal support is required for procedures with the Social Security Institution (SGK) and the Immigration Administration. One of the most common mistakes in practice is the neglect of notification and update obligations, due to the misconception that the process ends once the permit is obtained.

Specialist lawyers working in specific fields, such as Izmir citizenship lawyer or Karşıyaka foreigners law lawyer, track the legislation in an up-to-date manner and identify all legal risks that the employer may encounter in advance, taking proactive measures.

In conclusion, obtaining professional legal support for employers who wish to employ foreign personnel in Turkey is not just a choice but a necessity to prevent administrative and penal risks that may be encountered during the process.

For your Turkish work permit application process, you can receive professional consultancy from KL Legal Consultancy to ensure that your procedures are carried out completely and correctly. By contacting our expert lawyers in the field, you can best protect your legal rights.