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Work Permit Consultancy in Turkey: Legal Employment of Foreign Talent
In a globalized business world, the greatest competitive advantage of multinational companies and visionary local enterprises is their ability to recruit international talent (expatriates). However, the legal employment of foreign personnel in Turkey is subject to extremely strict rules and dynamic legislation set by the Ministry of Labor and Social Security (MoLSS). To protect your business from heavy administrative fines and prevent disruption to your operations work permit consultancy, is the most sensitive link in your human resources processes. As Akal CPA, we are located in the center of the capital Ankara, with the power of our physical and bureaucratic proximity to decision-making ministries. with the principle of zero error and we finalize it at maximum speed.
Work Permit Evaluation Criteria for Companies
In order to be able to legally employ a foreign national in Turkey, not only the qualifications of the personnel are required, your company's financial and employment structure must meet certain criteria. The main requirements sought by the Ministry are as follows:
- 5 Turkish Citizen Employment Rule: For each foreign personnel for whom authorization is requested, at least 5 Turkish citizens must be working in the company with insurance.
- Paid-in Capital Requirement: The paid-in capital of the workplace must be at least 100.000 TL or the gross sales must be at least 800.000 TL (or the last year's exports must be at least 250.000 USD).
- Salary Criteria: The salary to be paid to foreign personnel is between 1.5 times and 6.5 times the minimum wage, depending on the position and qualification of the personnel (senior manager, engineer, teacher, etc.) must be legally documented.
Especially company formation for foreigners gerçekleştiren yabancı ortakların kendi adlarına çalışma izni alabilmeleri için, şirketteki sermaye paylarının en az %20 ve 40.000 TL olması gerekmektedir. Bu kriterlerin sürdürülebilirliği, işletmenizin kuruluşundan itibaren doğru bir tax consulting and planning strategy to be supported by a strategy.
Management of Domestic and International Application Processes
Work permit applications are carried out in two different procedures depending on the current location and legal status of the foreign personnel. If the personnel has a work permit issued in Turkey and a residence permit (residence permit) valid for at least 6 months if available, the application is made directly to the MoLSS electronically as a “Domestic Application”. If the staff member does not have a valid residence or is in his/her home country, the process is initiated as “Foreign Application” (Consular application). The foreign staff member applies to the Turkish foreign representation in his/her home country and obtains a reference number Akal CPA expert teams in Ankara immediately process the ministry file with E-Signature and KEP (Registered Electronic Mail) infrastructure through this reference number.
Your Strategic Business Partner for Your Processes in the Turkish Market
For flawless compliance with foreign investor legislation and IFRS reporting processes, turn to Akal CPA's Ankara-based operational powerhouse.
Critical Differences between Work Permit and Residence Permit
There are two different types of permits that employers and foreign investors often confuse. Obtaining the right permit based on the purpose of the employee's stay in Turkey eliminates the risk of deportation. Here are the distinctions that will clarify your decision-making process:
| Criteria / Feature | Work Permit | Residence Permit |
|---|---|---|
| Main Purpose and Scope | Foreigners working in Turkey for a specific employer to work for a legal salary provides. | Foreigners in Turkey (for tourism, education, treatment, etc.) only to be found legally (to live). |
| Application Authority | Ministry of Labor and Social Security (Ankara). | Provincial Directorates of Migration Management. |
| Does it Provide Residence Rights? | Yes. An approved work permit, during its validity period it also replaces the residence permit. | No. A foreigner with a residence permit can obtain a work permit absolutely cannot be insured. |
| Who makes the application? | Who will employ the foreigner employer (Company) It does. | Foreign national directly in his own name It does. |
Criminal Sanctions and SSI Obligations
Employment of foreign workers without a work permit is prohibited under Turkish labor law the heaviest administrative fines is one of the violations subject to penalties. If unauthorized employment is detected, both the employer and the foreign personnel are subject to huge fines and the foreign personnel are deported. In addition, it is mandatory for the personnel whose work permit is approved to enter the Social Security Institution within 30 days at the latest. Akal CPA not only obtains the work permit approval; after the approval, the personnel payroll services Manages SSI declarations, tax deductions and monthly salary slips in full compliance with legal regulations, eliminating your company's labor law risks.
Uninterrupted Operation from Ankara with Akal CPA
Work permit applications require a multi-layered paperwork traffic from company balance sheets to commercial registry newspapers, from KEP accounts to activity documents. Beyond its physical proximity to the ministries in Ankara, Akal CPA, with its expert staff who know the intricacies of the legislation analyze the risk of rejection at source. In particular, the suitability of your company for the employment of foreign personnel, before the file is submitted general accounting services department to verify the adequacy of capital and turnover. Leave your legal authorization processes to professionals to spend your corporate energy on the global growth of your business, not on bureaucratic obstacles.
Frequently Asked Questions
After the application file is uploaded to the Ministry of Labor and Social Security system (via e-Government) and approved with E-Signature, the legal evaluation period is 30 days on average. However, this period may be extended in case of lack of documents, system congestion or additional information requests. Files prepared in full and in accordance with the legislation complete the process in the fastest way possible.
The basic rule is that for every 1 foreign employee, there must be at least 5 Turkish citizens working in the company. However, there are some specific exceptions. For example; in newly established companies, when a work permit is requested for a foreign partner, this requirement of 5 Turkish employees is not required for the first 6 months of the permit approval. At the end of the 6th month, this employment must be provided. In addition, this requirement can be relaxed in high technology investments and special incentive projects.
No, it cannot be obtained. Being in Turkey with a tourist or commercial visa within the legal period does not entitle a "domestic application". In order to apply domestically, the foreigner must have a Residence Permit (residence permit) that is valid for at least 6 months in Turkey. If there is no residence permit, the foreigner must return to his/her home country or the country where he/she is legally present and obtain a reference number through the Consulate (Foreign Application).
Foreigners who are "company manager who is a shareholder of a limited liability company" and "member of the board of directors who is a shareholder of a joint stock company" are required to obtain a work permit if they are actually managing the company in Turkey. However, foreigners who are only company partners (shareholders) and do not have management/representation authority are not required to obtain a work permit.
For domestic applications, it is mandatory to enter the insurance (SSI) of the personnel within 30 days at the latest following the date of approval of the work permit and its appearance in the Ministry's system. For foreign (Consulate) applications, the foreign personnel must fulfill their legal obligations by entering the Social Security Institution (SSI) within 20 days at the latest from the date of entry into Turkey.
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