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Akkas & Associates Turkish Law Firm's Labour and Employment Law Group represents employers and employees in connection with virtually every aspect of working permit applications. Akkas & Associates attorneys regularly represent private-sector employers during a work permit application and submit applications on behalf of a foreign employee.
What is the scope of the Law numbered 4817?
This Law comprises the foreigners working dependently or independently in Turkey, foreigners that are having on the job training and the real and judicial persons that employ foreigners.
Who are out of scope according to the Law on Foreign Work Permit Number 4817?
- People acquired Turkish citizenship by birth and renounced citizenship by taking permit through Cabinet Decision,
- Press reporters who will be employed according to the Press Law,
- Members of Foreign Press Organs,
- People given work permit or employed by the authorization taken from Ministries, public institutions in the framework of Law
- By taking into consideration reciprocity principle, international law and European Union Law, foreigners who are exempt from work permits in the regulation, have been excluded from the Law.
Which authority gives work permit of foreigners?
According to the Law on Foreign Work Permit number 4817, the competent authority is Ministry of Labour and Social Security. But, provided that as a result of prepared arrangement given to the MoLSS;
- Ministry of National Defense,
- Ministry of Health,
- Undersecreterait of Foreign Trade,
- Higher Education Council goes on giving work permits in
the framework of current authorization.
Ministries, public institutions continuing employ foreigners in accordance with their necessities by exercising their authorities, on condition that information is given to the MoLSS. Ministries, public institutions foreigners who do business with contracts will be employed by taking work permit from MoLSS. But, work permits of these groups are arranged exceptionally.
Who is the objection authority in case of rejecting work permit applications?
In case of rejecting the work permit; the foreigner has a right to make an objection within 30 days from notification date. If the administration rejects the objection, foreigner has a right to sue to the administrative justice.
Are the work permits subject to charge?
Work permits approved by the MoLSS are subject to charge in line with determined period. Charge amounts are determined each year by taking into consideration of revaluation rate.
Who is responsible for inspecting Work Permits of Foreigners?
According to the 20th article of the Law and 58th article of the Regulation; the Ministry’s business inspectors and the Social Security Institution’s insurance inspectors audit in accordance with the provisions of Labour Law under the section headed Control and Inspection of Working Life, whether the liabilities attributed to foreigners and the foreigners’ employers in the Law and the Regulations.
The inspection and audit members of the departments included in the general budget and the administrations with added budget inspect also whether the employers that employ foreigners and the foreigners fulfill their obligations arising from this Law, during any kind of audit and inspections they will perform in the workplaces in accordance with their legislations. The inspection results are also notified to the Ministry.
Which process is applied for the foreigners of which work without work permit and for their employers?
If the foreigner works unregistered, the situation is determined with an official report. In order to implement the penalty fixed in article 21 of the Law, for the foreigner and the employer or employer representative, the said official report is sent to district offices of Ministry Of Labour and Social Security. Because, the foreigner can be notified about the penalty in abroad too, in the framework of Law of Notice numbered 7201, article 25, the foreigner’s abroad address shall be mentioned in the official report. During the inspections, the unregistered foreigner’s entry to Turkey, visa, passport and residence permit issues must be investigated and the illegal foreigner’s deportation procedure must be started.
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Since its foundation in 1992, Akkas & Associates Turkish Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized immigration law practice, our firm is now one of the leading law firms in Istanbul, Turkey. You may reach our immigration lawyers by email to email@example.com or through our Contact page.
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