According to the Article 23 of Universal Declaration of Human Rights: Everyone has the right to work, to just and favourable conditions of work and to protection against unemployment and has the right to equal pay for equal work, however, as we mentioned on the previous article; in recent years it is shown that Turkey has become the centre of attraction and the destination country for those who come from close or neighbour countries.
Therefore, some regulations and works were attempted to regulate the irregular rise of the number of illegal employees and work permits of legal foreign employee moreover, these regulations and works have brought types of foreigner’s work permit, conditions for the work permit, its application process, procedure, governance and, judicial remedy along with themselves.
WHAT IS WORK PERMIT?
Foreigners’, which we have explained clearly in our previous articles, the ability to work in the specific branch of industry is bound to the work permit.
According to this, the work permit can be defined as an official document which ensures foreigner’s workability.
Furthermore, the work permit which is being regulated by the Republic of Family, Labour and Social Service can also be regarded as the residence permit.
The work permit is liable to different period and types. According to this:
-Continuous Work Permit
The continuous work permit is an official permit which is given to the foreigner on the condition that working in a certain job as a period of maximum one year at the first application. At the second application, if the application is considered positively, the continuous work permit is given as maximum two years long and at the next applications, the work permit is given as maximum of three years.
-Indefinite Work Permit
The indefinite work permit is a work permit that can be applied by foreigners who have a long-term residence permit in Turkey or at least eight years-long work permit.
-Independent Work Permit
The Independent work permit is a work permit which is given to the foreigners who have a profession if the special conditions which are regulated in the Code are available.
WHO CAN GET THE WORK PERMIT?
It should be known that foreigners who are going to apply the work permit have to have a residence permit which is at least six years long and still continues.
The provision of law, that is regulated for the same subject, comprises natural and artificial person who;
a) applies to work or is already working in Turkey,
b) applies to be trained by an employer or is already training,
c) applies to do an internship or is already doing an internship,
d) temporary transfrontier service providers
e) employer that employs foreigner or employer that applies to do this.
In this respect, it should be underlined that refugees and foreigners who have subsidiary protection status can work in case they get a work permit.
Turquois Card, which has entered in force during the recent years in Turkey, is an official document which supplies work and residence permit to the foreigner. Application for the Turquois Card can be made from directly through the application system within the domestic area, however, if the foreigner is in abroad, the application can be made from the Turkish foreign representative where the foreigner’s hometown or legal location.
Within the concept of this implementation, the most crucial point is that “who is going to have the Turquoise Card”.
Being a qualified foreigner is the main condition for Turquoise Card.
The Regulations of Turquoise Card explains the foreigners who can have it. According to this, these are the foreigners who can be defined as qualified:
-the ones who have well-accepted studies in the international are,
-the ones who have distinguished for science, industry and technology in a strategical area,
-the ones who have contributed or are expected to contribute to the national economy as export, employment or investment capacity.
-the ones who are successful in terms of cultural, artistic or sporting activities at the international level.
As it has been explained in this article; the work permit, in order to control and regulate the foreign staffing, forestalls the illicit work, prevent the unemployment, enable the work opportunity for foreigners, has a very detail due procedure with its limits, scope, conditions, procedures and processes. In the lights of these, it is clearly seen that the necessity of a legal consultancy.
We, Izmir Kapital Law Firm and Legal Concultancy are here for the work permit, provision of the work permit, extending the work permit request, continuous work permit, indefinite work permit, independent work permit, application of the turquoise card and other similar subjects.
You can find detailed information about many other cases and Kapital Law Firm from on our homepage. You also can consult us by choosing one of the contact information of Izmir Kapital Law Firm for the rest of all that you want to know.
Av.Harun Ümit Eren & Stj.Elif Pınar Tolga /İzmir