ARTICLE
16 October 2024

Important Amendments To Work Permit Criteria

There have been significant changes regarding work permit eligibility criteria in Türkiye. Implemented per Article 22 of the Implementation Regulation...
Turkey Employment and HR

There have been significant changes regarding work permit eligibility criteria in Türkiye. Implemented per Article 22 of the Implementation Regulation of the International Work Force Law No. 6735, they entered into force on October 1, 2024 (though note some financial criteria will enter into effect as of 01.01.2025). The Ministry of Labor (MoL) released a several-page announcement about predominantly employer sponsorship criteria. However, it also includes some amendments based on sector, profession, and status of the company's shareholders.

The work permit eligibility criteria announcement includes five main headings:

  • GENERAL EVALUATION CRITERIA (5:1 ratio, financial eligibility, salary requirements);
  • SPECIFIC EVALUATION CRITERIA BASED ON SECTOR, OCCUPATION, OR JOB SCOPE
  • EVALUATION CRITERIA FOR FOREIGN COMPANY SHAREHOLDERS
  • FOREIGNERS EXEMPT FROM EVALUATION CRITERIA
  • OTHER MATTERS

A full evaluation has yet to be completed, but with regard to the General Evaluation Criteria, the following should be noted:

  • The sponsor/employer's paid-in capital amount will increase from 100.000TL to 500.000TL as of January 1, 2025. In the alternative to the capital requirement, the employer can show net (assumedly annual) sales amounting to 8.000,000 TL annually, OR its exports must be at least 150,000 USD.
  • New and expanded 5:1 Ratio Waivers (ex. Based on net sales of 50 mill TL, if a domestic work permit where applicant present 3+ yrs, IT sector, etc)
  • Updated minimum salary levels (oddly, the minimum wage-based amounts are lower). So, as of 01.10.2024, the salary to be paid to the foreign employees cannot be less than the following amounts based on their positions:
    • High-level managers and pilots cannot be paid less than 5 times the minimum wage (or 100,012,50 TRY gross/mo);
    • Engineers/architects cannot be paid less than 4 times the minimum wage (or 80,010.00 TRY gross/mo);
    • Department managers cannot be paid less than 3 times the minimum wage (or 60,007.50 TRY TRY gross/mo);
    • An employee who will work in a position requiring expertise (note: this is not defined) cannot be paid less than 2 times the minimum wage (or 40,005.00 TRY gross/mo);
    • Household workers and others (i.e sale officer low-level marketing officers) cannot be paid less than minimum wage

These are the initial most impactful changes. Bener will update with more details as more information is analyzed and received. In the meantime, you can access the Announcement of the MoL by using the following link: https://www.csgb.gov.tr/uigm/calisma-izni/calisma-izni-degerlendirme-kriterleri/.

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.

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