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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.

PREVIOUS NEWSLETTERS:

June 2010 "THE NOTICE REGARDING THE PRINCIPLES OF REGISTRATION OF SHARES TO THE BOARD AND SALE OF SHARES WAS PUBLISHED IN THE OFFICIAL GAZETTE DATED 3rd APRIL AND NUMBERED 27541"
May 2010 "THE AMENDMENTS HAVE BEEN MADE ON THE NOTIFICATION REGARDING THE RULES OF MERGING TRANSACTIONS"
April 2010 "THE GENERAL NOTIFICATION ON THE TAW PROCEDURE LAW HAS BEEN PUBLISHED"
March 2010 "The Act numbered 5951 "The Act regarding Alteration to be made in some acts and the Law on Procedure of Collection of Public Receivables" has been published in the Official Gazette dated 5th February 2010"
February 2010 "THE REGULATION ON CHANGING THE REGULATION WHICH IS ABOUT THE PRACTISE OF THE LAW ABOUT FOREIGNERS’ WORK PERMITS HAS BEEN PUBLISHED"
January 2010 "THE ANNOUNCEMENT ABOUT MAKING CHANGES ON THE ANNOUNCEMENT ABOUT INTERNATIONAL BANK ACCOUNT NUMBERS HAS BEEN PUBLISHED"
December 2009 "THE RE-ESTIMATION RATIO IN TAX PROCEDURE LAW HAS BEEN PUBLISHED"
November 2009 "THE ANNOUNCEMENT OF “THE TARIFF ABOUT MAKING A CHANGE ON THE TARIFF ABOUT ATTORNEYS MINIMUM FEE” HAS BEEN PUBLISHED"
October 2009 "THE DECLARATION ABOUT MAKING CHANGES ON THE DECLARATION CONCERNING THE MAXIMUM INTEREST RATES WHICH WILL BE APPLIED TO CREDIT CARD PROCEDURES HAS BEEN PUBLISHED."
July 2009 "THE ACT REGARDING THE ALTERATION OF THE PROPERTY OWNERSHIP LAW HAS BEEN PUBLISHED"
June 2009 "NOTIFICATION ON FINANCIAL CRIMES INVESTIGATION BOARD WAS PUBLISHED"
May 2009 "THE NOTICE ON APPLICABLE INTERESTS RATES ON REDISCOUNTS AND ADVANCES HAVE BEEN PUBLISHED."
April 2009 "THE LAW AMENDING SOME LAWS PUBLISHED IN THE OFFICIAL GAZETTE DATED 18.02.2009."
March 2009 "THE LAW AMENDING THE DECREE LAW ON PROTECTION OF TRADEMARKS HAS BEEN PUBLISHED."
February 2009 "THE NOTICE ON AMENDING THE NOTICE WHICH WAS ALTERED THE LAW ON REGULATION OF CHEQUE PAYMENTS AND PROTECTION OF HOLDERS OF CHEQUE WAS PUBLISHED"
January 2009 "The regulation on the acquisition of real property by foreign capital companies was published"
December 2008 "THE CONSTITUTIONAL COURT HAS ABOLISHED THE PROVISION WHICH WAS “PROHIBITED PRIVATE INDIVIDUALS AND LEGAL ENTITIES FROM TO GO ABROAD WHO ARE INDEBTED TO THE SAVING DEPOSIT INSURANCE FUND BOARD.”"
November 2008 "Ministry of Energy and Natural Resources Adopts a New Regulation on the State Geothermic Sources for Production of Electricity"
October 2008 "The Court of Appeal has ruled out that, the annual fee charged by banks for credit cards is unlawful."
September 2008 "Duty of Making Rent Payments Through Bank Transfer or Mail Order Brought by Paper Nr. 268 on Income Tax."
August 2008 "Real estate sale to foreign citizens re-regulated"
July 2008 "The Law on the Procedure of Collection of Public Debts is Amended"
June 2008 "The Constitutional Court approved the Istanbul 10th Enforcement Court’s appeal to strike out clause number 337/1 from the Bankruptcy and Enforcement Law which foresaw the 10 day disciplinary confinement for not declaring ones property."
May 2008 "Constitutional Court abrogated the subsection (d) of the article 3 of the Law on Direct Foreign Investment no. 4875 by its decision made on the 11.03.2008 and published on the Official Gazette on the 16.04.2008."
April 2008 "The Constitutional Court has rescinded the Paragraph (d) of the 3rd Article of the Law on Direct Foreign Investments no. 4875"
March 2008 "Amendments in the civil code, code of civil procedure of the code of intellectual and artistic works"
February 2008 "The Constitutional Court of Turkey Rejected The Annulment Case of The Law on Acquisition of Real Estates by Foreigners."
January 2008 "Law on Regulation of Internet Publishing and Struggle with Crimes Committed via Internet Publishing"
December 2007 "The Flat Ownership Act was amended on the 14.11.2007. One of the most significant amendments in the act is that any flat owner will not be entitled to carry out additional construction, repair, installation or painting in common areas of the building unless four fifth of the flat owners give their consent in writing for renovation."
November 2007 "With the law enacted in 9.11.2007, nuclear power plant construction and operation issues and principles of energy sales produced therein have been regulated. "
October 2007 "Intern lawyers will be able to work abroad"
April 2007 "Representative office establishment in Turkey"
March 2007 "Some Characteristics of Turkish Law on Foreign Employees and Employers"
February 2007 "Guarantee Contracts"
January 2007 "Validity Of Building Contracts In Return For Appartment Flats"
December 2006 "Leases In Big Shopping Centers,According To The Lessee's Point Of View"
November 2006 "Aexclusive Selling Contracts"
October 2006 "Acquisition of Rights on Intellectual and Artistic Works"
September 2006 "Letter Of Credit"
August 2006 "Real Estate Tax"
July 2006 "Free Trade Zones In Turkey"
June 2006 "Financial Lease Agreement Leasing"
May 2006 "Marital Property In Turkish Law"
April 2006 "Recogniton And Execution Of Foreign Courts Decrees"
March 2006 "Bank Guarantees In Turkish Law"
February 2006 "Basic Features Of Differencies Between A Limited Liability Company And A Joint Stock Corporation Under The Turkish Law"
January 2006 "The Measures Protecting The Rights Of Minority Of Shareholders In Joint Stock Companies"
December 2005 "Establshment Of A Lmted Lablty Company"
November 2005 "The Measures Protecting The Rights Of Minority Of Shareholders In Joint Stock Companies"
October 2005 "Divorce Causes In Turkish Law"
April 2005 "The Law Facilitating The Foreigners Purchasing Real Estates In Turkey Was Revoked By The Constitutional Court"
March 2005 "Turkey Is No Longer An Heaven For Piracy Of Works And Trademarks"
February 2005 "The Rights Of Intellectual And Artistic Works In Turkey"
January 2005 Agenda Of Turkey On The Way To Europe"
December 2004 "A Time For Turkeys Decision And Some Judicial Developments"
November 2004 "Recent News In Media For Foreign Investors "
October 2004 "Double Appeal System Was Also Accepted In Turkey"
September 2004 "The Latest Developments In Turkish Law"



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