Recent development
The Regulation on the Implementation of the Law on International Labor Force (“Regulation“) issued by the Ministry of Labor and Social Security (“Ministry“) has entered into force. It was published in the Official Gazette dated 2 February 2022 and numbered 31738. In addition, the Regulation on the Implementation of the Law on Work Permits for Foreign Nationals (“Repealed Regulation“), which was in effect before 2 February 2022, has been abolished.
What does the Regulation state?
With the Regulation, the determination, implementation and monitoring of policies regarding the international labor force, the procedures, principles, authorities and responsibilities related to work permits and work permit exemptions to be granted to foreign individuals, and rights and obligations in the field of the international labor force have been reregulated.
The new regulations and changes introduced with the Regulation are mainly as follows:
- It has been made possible for individuals to be determined by the Directorate General of International Labor Force (“Directorate“) to file work permit applications from within Turkey, without being required to have a valid residence permit.
- Although the period to be allowed to continue to work in the same workplace and profession from the date of the expiration of the work permit was regulated as 45 days in the Repealed Regulation, this period was increased to 90 days with the Regulation.
- The principles based on which the work permit assessment criteria will be determined by the Directorate have been explained in detail. It has been regulated that the work permit assessment criteria can be determined differently for works to be undertaken in relation to tasks that require advanced technology; investments that are committed to make a high contribution to the country’s economy or to create a high number of jobs; and projects that are based on international agreements or that are carried out by public institutions and organizations, and in which public interest is observed.
- The situations in which work permits will be suspended have been regulated. In addition, it is stated that a work permit may be suspended if there is an agreement between the employee and the employer for such.
- The situations in which a work permit will be canceled have been regulated in detail.
- It has been made possible to request a change through the electronic system for a foreign individual who has been granted a work permit, to work in a different position at the workplace of the same employer or in another branch of the same employer in the same business line.
- With the Regulation, the scope of foreign individuals that can be granted work permit exemptions and the work permit exemption application process, assessment, rejection and cancellation of the exemption application have been regulated in detail.
- It has been regulated that appeals filed against the decisions regarding work permits can be made through the electronic system within 30 days before the Ministry.
- It has been regulated that indefinite work permits will be renewed every five years, and a foreign individual with an indefinite work permit can work independently or for more than one employer.
Result
With the Regulation, the determination, implementation and monitoring of policies regarding the international labor force, the procedures, principles, authorities and responsibilities related to work permits and work permit exemptions to be granted to foreign individuals, and rights and obligations in the field of the international labor force have been reregulated. It is regulated that the existing practices will continue to be applied until the necessary administrative and technical studies for certain new regulations are completed. Information on the completion of these studies will be announced on the Ministry’s website.
