December 2005
THE EMPLOYMENT RIGHTS OF FOREIGNERS WITHIN THE CONTEXT OF THE DOMICILE AND THE FREEDOM OF TRAVEL IN TURKEY
Except some exceptions foreigners have right to utilize their fundamental rights within the context of principle of equity according to Turkish Constitution. However, foreigner whose condition of entry to Turkey is prescribed by law cannot demand it as a right. The Administration has a right to determine about evaluating if the conditions which are prescribed by law are fulfilled or not. In the case of reasons which are alleged in the legal ground of dismissal either are not real or there is a formal inaccuracy in the indicent, concerned person may apply to administrative jurisdiction to make the dismissal annuled.
The foreigners who want to enter to Turkey and stay more than a month should apply to the competent authority to have residence permit before expiration. Legislation named the permit which is going to be given by the competent authority as “Residence Permit”. The authorized chair which is competent to give this permit is the security authority. This permit is not mandatory for foreigners who will stay in Turkey less than a month.
The foreigners who come to Turkey with the purpose of working should have this permit in a month starting from the entry and before taking up a position.
Due to Article 9 of the Code of Travelling and Residency of Foreigners (CTRF), principle for foreigners to obtain a residence permit is 5 years as maximum duration without searching if there is a marriage with a Turkish citizen or not. The Ministry of Internal Affairs has the discretionary right to decide about the permit duration to make it shorter or longer than 5 years and the Ministry uses the discretionary right by holding the opinion of the Ministry of External Affairs when taking into consideration the principles of reciprocity.
After expiration of validity term related persons who wish to extend their work permits must apply to the security authorities to renew the permits within 15 days of the expiration date. Likewise, persons who lose their permit documents should obtain a new document from the security authorities.
Due to the Article 13 of CTRF permit holding foreigners who travel out of Turkey and comes back in the permit duration does not need a visa it is enough to present the permit document.
Except diplomats, administrative and technical personnel that are commissioned in the foreign governments’ embassies, consulates and representatives of the international establishments in Turkey and their spouses and children, foreigners who have residence permit changes must report this fact within 48hrs to the police or gendarme stations of the province in which they reside and used to reside either in person or registered by letter.
Due to article 15, except diplomats, administrative and technical personnel that are commissioned in the foreign governments’ embassies, consulates and representatives of the international establishments in Turkey and their spouses and children, foreigners work dependently or independently in Turkey should declare and registrate the fact to the nearest police or gendarme station which is in their residence district by theirselves within 15 days starting from the first work day. Also employer as a natural person or an entity who hires foreigners has to give a declaration about the fact to the nearest police or gendarme stations within 15 days starting from the day that employee starts to work. In that declaration the foreigner’s name and surname, nationality, profession, date and number of residence permit, address of residency, function and salary must be listed. Foreigners benefitting from described privileges in the CTRF are obliging to general regulations within a month from the day that these priviliges end.
The competent office that foreigners will apply is Ministry of Labour and Social Security within the territory of Turkey and Representatives of Turkish Republic outside of the territory of Turkey. The application which has been applied to from abroad is directed to the Ministry. Unless foreigner who will work comes to Turkey without a purpose of having an education and has a 6-month permit which is not expired. Besides, the entry has to be with a visa which has been gotten from representative offices abroad as the precondition of application of permit. Because it is not possible to apply to have a work permit in Turkey by the foreigner who comes with a touristic visa or another visa than the visa includes work permit.
Forms and principles regarding the foreigners to be hired in branches or liason offices of related companies are regulated in the ‘’The regulation about hiring foreign national employee in the Legislation of Direct Foreign Investments’’. Also foreigners who will work in the area of direct foreign investments as a key part function that is to say to work at least in one of the main functions of being among the executing managers, to have controlling function in the company or to work in the area of hiring or dismission of office or a partner of the company who is donated with such competencies, the chief and member of the management board, the general manager, the director and deputies, personal donated with know how of the service, management, research and techniques of the company or by liason offices foreigners who have been authorized by the parent company have to hold a visa for working while application for work permit by the Turkish Republic agencies in the country of citizenship. In accordance with Article 10 of the regulation, foreign personel who has a key part function must apply to obtain the work visa within 90 days after having the work permit and once this visa is issued the foreign national must apply to the Ministry of Internal Affairs for their Residence Permit within 30 days of arrival. Unless foreigner has residence permit and work licence for at least 6 months but student visa to get education, in this case depending on the Regulation-Art.9/2 requirement of obtaining a work visa from a Turkish Consulate abroad is not mandatory.
Giving or extending the permission, unless otherwise provided in the bilateral or multilateral agreements to which Turkey is a party, is assesed depending on the term of resident and work permit of the foreigner, the service agreement and its duration and for a business or facility and for a profiency to be limited for that job by taking also in consider the situation on the labour market, developments on the business life, the changes on the sectoral, geographical, and economic conjectures.
As you can see in the last years our country has cured and facilitated the rules about the domicile and working of foreigners.
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