Work Permit Exemptions, Notification Liability
Inspection Authority and Fee Collection
Work Permit Exemptions
Exemptions
(1) Provided that the foreigner and employer meet their other liabilities resulting from other laws and the provisions determined with special laws are reserved,
a) Those who are exempt from work permit with bilateral or multilateral contracts of which Turkey is a party,
b) Those whose permanent residence is abroad, however come to Turkey temporarily, for less than a month for scientific, cultural and artistic activities and for less than four months for sportive activities,
c) Those who come for repairing the broken means in Turkey or receiving the apparatus or giving education concerning montage, maintenance and repair, and usage of the machines and apparatus imported to Turkey provided that they do not exceed 3 months following the date of entry to Turkey and do prove the situation with documents to be submitted,
ç) Those who are in Turkey for education about the usage of goods and services imported to or exported from Turkey provided that they do not exceed 3 months following the date of entry to Turkey and do prove the situation with documents to be submitted,
d) Those who are employed for shows or similar to this in fairs and circus in activity out of the borders of certificated tourism businesses provided that they do not exceed 6 months following the date of entry to Turkey and do prove the situation with documents to be submitted,
e) Foreigners who come to universities and public organizations and institutions to increase their knowledge and experience provided that they do not exceed 2 years following the date of entry to Turkey and limited to education period, and do prove the situation with documents to be submitted,
f) Those who are notified to be able to provide important service and contribution to Turkey for education, socio-cultur and technology in maximum 6 months by the relevant authorities,
g) Foreigners who come within the programs executed by European Union Education and Youth Programs Center Department (National Agency) during the program,
ğ) Foreigners who are to undergo a period of training within international intern student programs on which the Ministry, Ministry of Internal Affairs and Ministry of Foreign Affairs, and High Education Board has come to an agreement,
h) Representatives of tour operator which come to Turkey provided that their duty term does not exceed 8 months,
ı) Foreign football players and other sportsmen and antrenors whose requests are approved by Turkish Football Federation or Youth and Sport General Directorate, during their contract,
i) Foreign shipmen who work in ships out of cabotage line and registered to Turkish International Ship Registry and obtained “Convenience Approval Certificate” from the relevant office as per bilateral protocols with the stated in accordance with I/10 rule of International Contract About Education, Document and Shift Standards of Shipmen
j) Foreign experts who are employed for projects executed within Turkey European Union Financial Cooperation Programs, during their duty term, do not have to obtain work permit.
(2) It is necessary that foreign architects, engineers and city planners, subject to exemption provicions and within vocational services, complete academic and vocational adequacy and obtain work permit from the Ministry, become a temporary member to the relevant vocation institution and stick to the regulations of national organizations and institutions if their service term exceeds 1 month.
(3) Exemption periods cannot be extended. However the foreigners in the context of (b), (c), (ç), (d), (f) ve (h) subparagraphs of 1st paragraph make use of the exemption provisions only once in a calendar year. It is required that 3 months passes following the end date of residence permit obtained for the same reason to make use of this right. If he/she will work longer than exemption period, it is necessary to obtain work permit from the Ministry.
(4) The foreigners mentioned in this article must obtain residence permit and inform the security offices in their location about where and how long they will stay, and why they came before they start their activity and within maximum 30 days following the date of entry to Turkey. It is necessary that liabilities concerning social security about foreigners who make use of exemption provisions. The ministry is informed about identitiy information of the foreigners who have residence permit within this article and name of the company they work in and Social Security Institution company registry numbers by the security offices.
Work Permit Exemption Confirmation Document
“Work Permit Exemption Confirmation Document”, form and content of which is to be determined by the Ministry, is prepared for the foreigners exempt from work permit
SECOND PART
Notification Liability, Inspection Authority and Fee Collection
Notification Liabilities
Liabilities concerning notification prepared in the Temporary 2nd and Temporary 3rd articles and 18th and 19th articles of the law are fulfilled by filling in Foreign Personnel Application Form in rider of the regulation within the time period and situations provided by the law.
These notifications are alsı transmitted to the Ministry by e-mail.
Inspection Authority
It is inspected if the foreigners and employers meet their liabilities stated in the law and regulations by the labor inspectors of the Ministry and the insurance inspectors of Social Insurances Institution as per the provisions of Inspection and Supervision of Business Life titled part in the current Labor Law.
Inspection and supervision employees of departments included in general budget and offices with added budget also inspect if the foreigners and employers meet their liabilities resulting from the law during the inspections they are to make as per their regulations. The ministry is informed about the results of supervision.
The ministry informs the relevant authorities about the results of inspection when necessary.
Fee Collection
Work permits and extensions are subject to fees as per (IV) numbered part of (6) numbered tariff subject to Fees Law numbered 492.
Ministry of Foreign Affairs is authorized to determine the fees of work permit, considering mutuality principle.
FOURTH PART
Other Provisions
Work Permits of Foreigners to Work within Private Education Institutions Law
Foreigners who are to work within Private Education Institutions Law numbered 625 and dated 8/6/1965 are subject to the provisions of law and regulations. Work permits of those are given by the Ministry as per the provisions of law and regulations. Opinions of National Education Ministry and relevant authorities.
Domestic Legislation Regularization of the Relevant Authorities
Relevant authorities make the domestic regularization of the implementation of the law and regulations within maximum a month following the enforcement date of the law
Membership of the Foreigners to Work within Vocational Services to the Relevant Professional Organizations
Engineers, architects and city planners, who obtain work permit with applications made abroad within vocational services, have to become a member of the relevant professional chamber within maximum a month following the date of entry to Turkey.
Their liability of membership to the professional chamber starts from the date of entry to Turkey.
When giving residence permit depending on work permit concerning vocational services, membership to the relevant professional chamber is paid regard.
Temporary Foreigners’ Work Permit 1 – (Rider: O.G – 24/4/2004 – 25442) Work permits of foreigners, who request work permit extension within vocational services, given by other authorities before the law took effect, can be extended for not longer than 1 year for the procedures concerning academic and vocational adequacy to be completed.
This regulation takes effect on 6/9/2003
Execution
Provisions of this regulation is executed by the Minister of Labor and Social Security