Turkey: The New International Labor Law And The Turquise Card System

General

With the increasing flow of FDI into Turkey in the past decade, the number of international employees have substantially escalated within the Turkish companies. In 2003, the government introduced the previous Law on the Foreigners' Work Permit (No. 4817) in order to meet the needs of the market by allowing the employment of the foreign employees and to comply with the relevant international standards.

In 2015 the total number of applications received from foreign employees for obtaining a work permit were eighty thousand in comparison to ten thousand in 2009. Therefore it was evident that the number of foreign employees wishing to locate to Turkey for working have increased significantly. It was also observed by the officials that Turkey had its share from the global workforce by benefitting from the highly skilled, qualified employees' immigration into the country which eventually led to the preparation of the new International Labor Law ("ILL").

The ILL entered into force on 12.08.2016 by being published within the official gazette. The Law aims to introduce a system that will increase the volume of FDI and the employment of highly skilled workers whereby strengthening the administrative structure and implementing a solid foreign employment policy.

According to the ILL the international labor policy will be determined by the Ministry Of Labor And Social Security ("the Ministry") by considering the decisions of the International Labor Policy Advisory Committee which include undersecretaries from the Ministry for EU Affairs, Ministry of Foreign Affairs, Ministry of Economy, etc. Thereby a corporate infrastructure and a policy-based framework is aimed to be set by the ILL.

The Ministry will also establish the System of Application, Review and Monitoring to receive and review the employment applications and monitoring their effects of the international labor.

The System

According to Article 6, foreigners that are within the scope of the ILL shall not work in Turkey or be employed without a work permit. The Article 6 also stipulates that foreigners may work or be employed without a work permit pursuant to other laws which permit such employment or bilateral or multilateral or international treaties which Turkey is a party to.

In general there are four types of permits within the scope of the ILL which are general work permit, indefinite work permit, independent work permit and turquoise card.

The general work permit is granted to a foreign employee, upon affirmative review of the application, for a maximum period of one year provided that it does not extend the term of the contract of employment. The extensions of such permits shall be for a maximum period of two years for the first application for extension and three years for subsequent applications.

The indefinite work permit is granted to a foreigners who have a long term residency permit or a legal work permit of at least eight years. However holding such conditions do not entitle an absolute right to an indefinite work permit. The holder of an indefinite work permit shall benefit from all rights provided by a long term residency permit.

Unlike the Law No. 4817, the ILL expressly sets out that the manager of a limited company or the board member of a joint stock company whom is also a shareholder may obtain a work permit.

It is also specified by the ILL that independent work permit may be granted to foreigners whom are member of a professional occupation provided that the conditions set out under other legislation are complied with. The preamble of the ILL sets forth that independent work permit may be granted to foreigners that will be employed within professional occupations and are expected to make an ample contribution to the country.

The Turquoise Card and Exceptions from the Work Permits

The foremost revision to the permit system is the introduction of the turquoise card under the ILL. Pursuant to the Article 11, in accordance with the international labor policy, the turquoise card shall be given to foreigners upon affirmative review of their application. The review shall be made by taking the level of education, professional experience, and contribution to science and technology, the effect of their operation or investment to the national economy and employment, suggestions of the International Labor Policy Advisory Committee and as per the procedure and terms set out by the Ministry.

Under the turquoise card system, the persons with internationally accepted academic work or who are distinguished within a field of science, industry or technology that is deemed strategic or who has contributed or are projected to contribute to the national economy in terms of export, employment or investment capacity shall be deemed as qualified foreigners.

The turquoise card shall be granted with a three years period of transition of and the holders of the card will benefit from the rights provided by an indefinite work permit. A document which will be deemed as a residence permit shall also be given to the spouse and the dependent children of the holder of the turquoise card.

The Article 16 states that in accordance with the international labor policy determined by the Ministry, exceptions may be granted to foreigners which are defined as qualified workforce by considering their level of education, remuneration, professional experience, contribution to science and technology; to foreigners that are EU citizens; to foreigners which are deemed as qualified investor by considering their contribution to science and technology, level of investment and export and similar specifications, etc.

The Exemptions for Board Members

The ILL also sets forth an exemption under Article 13 for board members of joint stock companies who do not reside in Turkey and shareholders of limited companies without an executive authority.

The Regulation

The conditions, procedure of application, the foreigners that may be evaluated within the scope of an exemption, the terms and procedure for exceptions, the details and grounds of the point scoring system pertaining to the work permits and other similar matters in relation to the application of the ILL will be set within a regulation that will be prepared by the Ministry as per the Article 25.

The Existing Permits

The existing work permits provided pursuant to the previous Law on the Foreigners' Work Permit will continue to be valid until the end of their term.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Yalcin & Toygar
Guzeloglu Attorneys-at-law
Sahin Law Firm
Baspinar & Partners
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Yalcin & Toygar
Guzeloglu Attorneys-at-law
Sahin Law Firm
Baspinar & Partners
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions