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Employment

Working in Türkiye

Visa Exemption

A work permit replaces the requirement of a visa

Entry into Turkey

A work permit allows you to enter Turkey with a visa.  You must enter Turkey within 6 months of getting your work permit issued

Registration of Address

Upon entry into Turkey, you must register your address at Nufus within 20 days

Residency Permit

A work permit can be used as a work permit but not vice versa

Work permits

The online work permit application requirement is that you have a residence permit with at least six (6) months validity period.

If you do not have a have a residence permit, you have to apply for a work visa by going to the Turkish Foreign Representative Office in your home country.   You then inform your employer in Turkey of the 16-digit reference number and the employer can then apply for an online work permit through the Ministry using this reference number.

The employment contract must be signed by both parties.

The application is lodged electronically through the e-Government system .

The photograph used in the application must be Biometric and taken within the last 6 months.

Do not share your e-Government password and e-signature password with anyone.

After obtaining the work permit, you are required to register with SGK within 30 days.

The work permit can be terminated through the online system

How to apply for a work permit?

http://calismaizni.gov.tr/calisma-izni-hakkinda/calisma-izni-basvurusu/

Work Permit Extension Application

Work permit extension application is made via e-Government as the first application as of 2 months before the permit expiry date.

http://calismaizni.gov.tr/calisma-izni-hakkinda/uzatma-basvurusu/

Work Permit Application Guide

http://calismaizni.gov.tr/media/11642/e-izin-klavuz.pdf

Employment contract Examples

http://calismaizni.gov.tr/calisma-izni-hakkinda/yardimci-kilavuzlar/

Work permit Applications

http://calismaizni.gov.tr/

Work Permit as a Residence Permit

A valid work permit, within the framework of the law, shall be considered as a residence permit, which means that the work permit holder is entitled to stay in our country without a residence permit within the period of the work permit

Employment laws

These are set out in the Turkish Labour code. 

A knowledge of employment law will make your life much easier, whether you’re an employer or an employee. Every country’s employment law is different and the employment law in Turkey contains many unusual features.

Turkish law gives you substantial employment protection but be aware: many employers (though fewer each year) try to get around the law by employing you (totally illegally) without a contract and paying you cash in hand.

Probationary period and work contracts in Turkey

Under Turkish law, the employer is entitled to place you on a probationary period of up to two months, during which time he can dismiss you without cause and you can leave without having to give notice.

The employer must give you a written contract setting out, at the very minimum, including your job title, summary of job responsibilities, rate of pay, hours of work, holiday entitlement, reporting manager, notice period and any special or unusual terms.  There is no special format required for this contract.

Restraint of trade

The employer may place a clause in your contract preventing you from working for his competitors for a certain period of time after you leave his employment and within a certain geographical area. The clause must be limited in time (for example, to a period of two years) and regional extent (for example, restricting you taking another job in Istanbul).

Any restraint of trade clauses can only be enforced through the courts and they can only be applied if an employee has important knowledge about the business. For example, it would not normally be reasonable to impose a restraint of trade clause on a waiter or car mechanic but it might be reasonable to have such a clause in a contract with a chef or a manager.

The restriction as to the scope of the restraint – i.e. the range of people that you cannot work for and the geographical area to which it applies – must be reasonable in all the circumstances. Otherwise it will be rejected by a court.

Getting paid in Turkey

In Turkey, almost everybody is paid monthly in arrears and it is rare, except in very senior roles, for there to be any hidden ‘perks’ or benefits such as the company paying for your accommodation, your health insurance or your children’s education.

If you’re working in a casual post it is common to be paid daily at the end of each shift: often in cash.

When they’re talking about their earnings, most Turks talk about their monthly salary and not about their annual salary.

People will often refer to their net monthly income (i.e. after deduction of tax and social security payments) rather than their total (gross) monthly income.

When discussing pay with either your employer or your colleagues, you need to be clear about the basis being used for the calculation. The best is your gross monthly salary as the amount of tax and other deductions from it can vary from person to person.

In some countries, it is customary for an employee to receive 13 or even 14 ‘monthly’ salaries per year, if this is what you’re used to, please note that it does not happen in Turkey. You will receive 12 monthly payments per year

Relocation expenses to Turkey

Except for people being transferred to Turkey by an international company, it is rare for an employer to pay anything towards your relocation expenses.

Taxes and social security in Turkey

As an employee, you will usually have to pay tax and social security payments. The amount of tax depends upon your earnings. 

Social security costs of 12% are deducted from your salary each month.

Holiday entitlement in Turkey

After you have been employed for a minimum of one year (unless more generous terms are agreed in your contract) you are entitled to a minimum of 14 days paid holiday per year.

If you have been employed for five to 15 years, you are entitled to 20 days.

If you have been employed for more than 15 years, you are entitled to 26 days.

In addition, you will be entitled to public holidays. These amount to 14.5 days per year.

Overtime pay

If you work more than 45 hours in the week you must be paid overtime for the excess hours at 150% of your normal rate of pay. This does not apply to highly paid executives.

It is rare (and frowned upon) for senior employees in professional offices to make any claim for overtime pay, even if they might technically be entitled to it.

Weekend break

Any employee who has worked 45 hours in the week is entitled to a continuous weekend break of 24 hours.

Rest breaks

You are entitled to a minimum of one hour for your lunch.

In some industries, it is customary for there to be other allocated breaks, but there is no compulsory schedule of breaks laid down by the general law.

If there are defined breaks, they must be stated in a notice on the premises.

Turkish minimum wage

The gross monthly salary per month must be equal to or higher than the monthly minimum wage in Turkey

For those who do not work full time, there is also a minimum hourly or weekly amount.

Illness

Employees are entitled to time off in the case of illness or injury.

Maternity rights

During pregnancy, a woman cannot be required to work for more than 7.5 hours per day or on a night shift

The woman is entitled to paid leave for attending medical appointments during her pregnancy.

A pregnant woman is entitled to 16 weeks’ paid maternity leave. This is usually taken during the eight weeks before the expected date of delivery and during the eight weeks following the birth.

Nursing leave

For one year following the birth of a child, a woman is entitled to take one-and-a-half hours per day paid leave in order to nurse her child.

You will not be entitled to nursing leave if you’ve chosen to work half-time

Paternity rights

A father is entitled to five days’ paternity leave following the birth of his child.

Parental rights

A parent is entitled to up to ten days’ unpaid leave per year to attend to the needs of their children. These could be, for example, looking after a sick child or taking a child to hospital.

Protection from discrimination

The Turkish Labour Code prohibits employers discriminating on the basis of language, race, religion, gender or political/philosophical views. Failure to comply gives rise to a claim for compensation of up to four months’ salary plus any other claim to which the employee might be entitled.

Protection from harassment

If an employee is subject to harassment, whether sexual or a more general ‘affront to their honour and dignity’, they may demand an immediate end to their employment and receive the full severance payment to which they would be entitled in the case of an unfair dismissal.

Employee responsibilities

The employee has the legal obligation to work diligently and honestly for the employer, to protect the employer’s business secrets and to act in good faith at all times.

Forbidden Occupations for Foreigners in Turkey

Dentistry, Nursing, Midwifery, Pharmacy, Veterinary Medicine, General Directorate of Private Health Institutions, Lawyer, Public Prosecutor, Notary, Security personnel, Exporting fish, mussels, sponges, pearls, coral, Diving in territorial waters, piloting, captain and engineer on ships or sailor to the profession, such as customs brokerage and tourist guide in Turkey are not allowed to be done by foreigners.

 

INTERNATIONAL LABOR LAW

Official Gazette Number: 29800 Dated 13 August 2016

Purpose, Scope and Definitions

Determination and Monitoring of International Labor Policy

Work Permit and Exemption

Exceptions

Objection, Liability, Audit and Penalties

Miscellaneous Provisions

 

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