In accordance with the International Labor Force Law No. 6735, the "Regulation on Working Permits for Foreigners to Work in Free Zones", which was prepared in order to determine the procedures and principles regarding working permits of foreigners who will work in free zones, was published and published in Official Gazette dated 27/05/2017 and numbered 30078.
This regulation includes both foreigners who will work in these regions as well as real persons and legal entities applying for or employing foreigners, as it is necessary to obtain a work permit for foreigners who will work in the free zone.
APPLYING TO WORK PERMIT
Within the scope of this regulation, the application for work permit is made possible both at home and abroad by Turkish foreign representatives.
Domestic Application,
("User") who is legally registered in Turkey to work in a free zone and whose application for extension is "Real or legal entity that has a license to operate in a free zone and has a certain business in a free zone" ("User"). In the application, it is compulsory to have the foreign identification number of the foreigner and the registered electronic mail ("PEP") account and the user's PEP account.
Application made to Turkish Foreign Representatives,
The foreign applicant who wishes to work in the free zone and the Turkish foreign representative in the country where he / she is legally enrolled may also work for the applicant. A copy of the information and documents submitted to the Turkish foreign representative must be submitted by the user to the relevant free zone director together with a petition stating that the application is made to the Turkish foreign representative. It is compulsory to have the reference number given to the foreigner by the Turkish foreign representative.
The information and documents submitted by the foreigner regarding the application will be transmitted to the Ministry of Labor and Social Security electronically in the Turkish foreign agency.
In applications made through Turkish foreign representatives, the foreign identity number shall be obtained by the Ministry of Labor and Social Security, provided that the application made by the user is evaluated positively by the Ministry of Economy. The foreigner's PEP account shall be notified to the relevant free zone director by the user within 15 days following the date when the foreigner starts to work in the free zone and the system will be entered into the free zone directorate.
Applicants from both the country and abroad will be introduced to the system by the free zone directorate and sent to the Ministry of Economy for evaluation.
DOCUMENTS REQUIRED FOR APPLICATION
Necessary information and documents that will be requested and entered into the system during the application will be announced on the internet pages by the Ministry of Labor and Social Security and the Ministry of Economy. However, it is compulsory to include longer passports or passports as passports within sixty days of validity.
For applications, the Ministry of Labor and Social Security will also not request information or documents in the paper environment. However, if it is deemed necessary by the Ministry of Labor and Social Security, it may be required to submit a copy of the document concerned or the relevant foreign representative, the relevant national or foreign institutions and notaries, or a certified translator to re-translate the relevant document.
EVALUATION OF THE APPLICATION OF THE WORK PERMIT
The Ministry of Economy evaluates the work permit application and will send the evaluation result to the Ministry of Labor and Social Security through the system.
It is compulsory for the foreigner to be employed to be a manager or to have qualified personnel. However, the provisions of the relevant legislation will continue to apply for the application of foreign applicants for international protection, conditional refugees and foreigners under temporary protection, and for the evaluation of the Ministry of Labor and Social Security of these applicants.
The applications listed below will be rejected by the Ministry of Labor and Social Security and the situation will be notified to the Ministry of Economy via the system;
According to the Foreigners and International Protection Law No. 6458;
Foreigners who will not be allowed to enter Turkey (Article.7)
Foreigners who will not be granted a visa (Article 15)
Decision on deportation will be taken (Article 54)
Applicants who are alienated from the Ministry of Interior:
DURATION OF WORK PERMIT
Work permits for foreigners to be employed in free zones will be issued for a maximum of one year on the first application. The application for extension of work permit is required to be made no later than sixty days after the work permit expires and at the latest until the end of the work permit. Extension applications made after this period will be rejected.
If the extension application is evaluated positively, the foreigner shall be allowed to work for two years at the first extension application and at most three years for the next extension application, provided that the foreigner works in connection with the same user. The expiry date of the activity license of the users will also be taken into consideration in determining the working permission periods. However, if the expiration date of the alien's passport or passport is less than one year, the work permit will be granted for a shorter period of time than this sixty days.
DELIVERY OF WORK PERMIT DOCUMENT
The Ministry of Economy shall provide for the determination and training of the foreigner to pay a work permit for the Ministry of Labor and Social Security, the fee to be paid and the value of the paper. The issued permission document will be sent to the relevant free zone directorate and the documents showing that the required payments have been collected will be delivered to the user or foreigner by the free zone directorate.
VALIDITY AND CANCELLATION OF WORK PERMIT
The work permit will lose its validity with the end of the period. However, in the following cases, the work permit will be canceled by the Ministry of Labor and Social Security in case of a notification to be made by the Ministry of Economy, without waiting for the work to be completed.
In the following cases, the work permit will be canceled directly by the Ministry of Labor and Social Security.
SOCIAL SECURITY OBLIGATION
The foreigner and the employer who are allowed to work in the free zone in accordance with the provisions of the Social Insurance and General Health Insurance Law No. 5510 dated 31/5/2006 within the statutory period of the obligation arising from the social security legislation, without prejudice to the provisions of the social security contracts, is required.
You can reach the text of the Regulation by clicking the link below.
http://www.resmigazete.gov.tr/eskiler/2017/05/20170527-11.htm
Please be informed.
Should you have any queries, please do not hesitate to contact us.
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Ersin Nazalı Managing Partner, Attorney, SFA |
Çağdaş Güren Co-Managing Partner SSI Consultant, F. SSI Inspector |
Our explanations are not in the nature of a legal opinion and recommendation, rather they contain general information regarding the subject. Therefore, before taking an action about these issues, we recommend you to consult to an expert. No claim of responsibility can be made against NAZALI due to results deriving from the content of the document.