Evaluation Criteria of Ministry of Labour for Work Permit

1) That there is need for employment of foreign employee due to the conditions of sectorial and economic conjuncture
2) That a Turkish employee who has the same quality to replace the foreign employee cannot be found in work market within 4 weeks.
3) That it is convenient to employ foreign personnel according to the developments in Turkish business life
4) That the opinions of the relevant institutions about the foreigner are positive.
5) Consistency in the previous supply of labor of the foreigner (Efficiency and permanence in vocation and company)
6) That the information and documents are compatible with each other
7) If there is reasons for rejection in law

(Since the articles 1-7 are general criteria, evaluation results according to the policy and initiative of the institution)

Document and Information of the Company

8) Reasons for company to employ a foreigner rather than a Turkish citizen
9) Time period for the requested work permit
10) That the application has been made before the end of 1 year starting from the date of previous rejection of work permit application
11) If the financial statement of the company is suitable for employing third parties
12) Capital structure of the company (It is necessary for the applicant partner of company to have a minimum of %20 of share of capital, not less than 40.000 TL)
13) Endorsement of the last year, import of the last year (It is necessary that company’s paid capital is at least 100.000 TL, gross sales are at least 800.000 TL or sum of export in the last year are at least 250.000 USD)
14) Number of Turkish employees who currently work in the company
15) Number of foreign employees who currently work in the company
16) That the company has competence to employ a foreigner
17) If the company has SSK debt

(Articles 8-17 are about the information and documents of the company and competency of these and it is necessary that they meet the criteria required by the Ministry)
18) If the company has tax debt
19) That the foreigner is covered by insurance for extensions
20) If the wage to be paid is in compliance with the performance of the job and our national regulations (if it is below the minimum wage) and monthly wages to be paid to the foreigner complies with the duty and competency of the foreigner.
(For engineers and architects for whom prior authorization is required, executives and pilots, 6,5 times of the minimum wage,
For engineers, architects and unit or branch managers , 4 times of the minimum wage,
For teachers and those who will work in jobs which require expertise, 3 times of the minimum wage,
For foreigners who will work in home services and other occupations, 1,5 times of the minimum wage)
21) If there are at least 5 Turkish citizens employed in the applicant company
22) If there are at least 5 Turkish citizens employed for each of the foreigners if work permit is requested for more than one foreigner by the same company
23) If liabilities concerning social security has been fulfilled by the company

Document and Information of the Foreigner

24) References of the foreigner
25) That the foreigner has vocational and personal qualities to generate added value to Turkey and his/her company (It is checked if there is anyone who has the necessary qualities to perform the same work in the country for 4 weeks)
26) That there is necessary work visa or valid residence permit (at least of 6 months)
27) That the foreigner has obtained residence permit within 30 days starting from the date of entrance to Turkey.
28) Vocational and academic competency of the foreigner and compliance of the company with the actual field of business
29) That the school from which the foreigner graduated is in compliance with working in the jobs relevant to his/her occupation

(Articles 24-29 are about the information and documents of the company and competency of these and it is necessary that they meet the criteria required by the Ministry)

30) That documents of the company and the foreigner are in compliance with the legal and practical needs
31) That the company and the foreigner have fulfilled the legal obligations
32) The compliance of the previous works of the foreigner with national and international regulations
33) If the employer has made electronic application and conveyed to the Ministry within 10 work days following the electronic application of the foreigner made abroad.
34) If there is a person who has the same qualities to do the said work in the country within 4 weeks
35) When evaluating the work permit and extension applications; time period of the residence and work permits of the foreigner and the situation in work market according to the time period of the work or work contract
36) Developments in business life
37) Changes in sectorial, geographical and economic conjuncture concerning employment
38) When evaluating the reasons to justify the employment of a foreigner, educational background of the foreigner and information to indicate the special qualities of the work
39) Contribution of the applicant company to the national economy
40) If it is notified that there is a same quality demand from Turkey for the same position in the applicant company
41) If the applicant company has tax and SSK debts.

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