CHANGES IN WORK PERMIT
1. Applications are made in electronic media to Ministry of Labor
2. It is necessary for the employer to make electronic application and deliver the necessary documents within 10 days following the electronic application made abroad by the foreigner.
3. Other documents must be delivered to the Ministry within 6 days following the electronic application made in Turkey.
4. Extension applications: Foreign employee may keep working in the same company and occupation unless he/she changes the character of the performed job and exceeds 45 days following the end date of work permit.
5. Detection of Incomplete Documents in Application: If the work permit application is not made in convenience with the procedures and principles prescribed by the regularions or the incomplete documents, detected by the ministry and requested from the applicant, are not completed within 30 days, application file is cancelled.
6. Evaluation Concerning Work Permit Application/ Extension: It is checked from the records of Turkish Labor Institution if there is a Turkish employee who has the same quality to replace the foreign employee within 4 weeks.
7. Geographical Area of Work Permit for a Definite Period: Ministry may make changes in the validity areas of work permits for a definite period on the basis of city or geographical region.
8. Residence Permit to be Given in Line with Work Permit for an Indefinite Time Period: If there is a change in the company or office address of foreigner who has such work permit, the ministry must be informed within maximum 15 days.
9. Those married to a Turkish citizen: Time period concerning residence is not required for the work permit applications of those married to a Turkish citizen and live in Turkey with his/her spouse in marriage.
10. Those who are assigned to the representatives of international institutions, embassies and consulates in Turkey and their spouses and children: Their work permit can be given exceptionally by taking opinion of Ministry of Foreign Affairs.
11. Authority of Inspection: Inspections, supervisions and investigations to determine whether the foreigners and employers meet their liabilties are made by labour inspectors of the ministry and inspectors of Social Security Institutions as per the inspection, supervision and investigation provisions in the Labour Law numbered 4857 and relevant sanctions are applied accordingly.
Change concerning authority of inspection is made in the code numbered 6111 and law numbered 4817 and relevant Governing Regulations for an inspection more efficient.
12. Documents to Attach to Work Permit Application are amended (APPENDIX 2)
REGULATION CONCERNING THE CHANGES IN THE GOVERNING REGULATIONS OF IMPLEMENTATION OF THE LAW CONCERNING FOREIGNERS’ WORK PERMITS:
1- Applications must be made in electronic media and signed in paper to be delivered to the ministry with the other documents defined in rider of the regulation.
2- Third paragraph of the 6th article of the same regulation is changed as below:
Representatives of Republic of Turkey and Ministry execute the work permit applications made from abroad and relevant transactions in electronic media. Employer must make the electronic application and deliver the necessary documents to the Ministry within ten days following the application date
3- The sentence below is added to the first paragraph of the 7th article of the same regulation.
Documents required for application must be delivered to the ministry within 6 work days following the electronic application.
4- First and fifth paragraphs of the 8th article of the same regulation are changed as below and sixth and seventh paragraphs are revoked.
Extension request is made directly to the ministry by the foreigner or employer by means of attaching the documents stated in the rider of regulation to application form in line with the principles described in the 5th article of the regulation.
Foreign employee, who has applied for work permit extension, may keep working in the same company and occupation unless he/she changes the character of the performed job and exceeds 45 days following the end date of work permit. Work within this period is considered legal and liabilities of the foreigner, relevant authorities and employer continue. Ministry of Internal Affairs is informed about the applicants in electronic media.
5- 9th article of the same regulation is changed as below:
9- If ministry detects incomplete document in the application, applicant is informed and required to complete. 30 days’ period starts from the date of transmission of the incomplete document to the ministry.
If the work permit application is not made in line with the procedures and principles prescripted in this regulation or incomplete documents are not completed within 15 days, application file is cancelled.
6- The same regulation’s 13th article’s 3rd paragraph is changed as below, the sentence below is added to 4th paragraph and 5th paragraph is revoked.
It is checked from the records of Turkish Labor Institution if there is a Turkish employee who has the same quality to replace the foreign employee within 4 weeks, considering the provisions of bilateral and multilateral contracts of which Turkey is a party and evaluations that ministry make in accordance with the 12th article of the law within this criteria of evaluation.
Ministry determines the evaluation criteria concerning the matters indicated in this paragraph.
7- 26th article of the same regulation is changed as below:
Ministry may make changes in the validity areas of work permits for a definite period on the basis of city or geographical region.
Work permit is valid for the stated company and address. The request for the foreigner to work in another branch of the company registered to the trade registry is evaluated by the Ministry. If the request is approved, necessary change is made in work permit and relevant authorities are informed.
If the commercial name of the company or address of the office changes, necessary change is made in work permit and relevant authorities are informed provided that it is proved with the papers obtained from official authorities.
8- 2nd paragraph of the 35th article of the same regulation is changed as below:
Work permit for an indefinite time period is used in parallel with the period of residence permit. If the company or office address of the foreigner who has such work permit, the ministry must be informed within maximum 15 days as per 18th article of the law. Ministry makes the necessary changes in the current work permit according to the information and documents sent, and then inform the relevant authorities.
9- 44th article of the same regulation is changed as below.
Time period concerning residence is not required for the work permit applications of those married to a Turkish citizen and live in Turkey with his/her spouse in marriage.
For the applications of foreigners who live with a Turkish citizen in marriage for minimum 3 years, criteria in the 4th paragraph of 13th article of this regulation are not applicable. If it is detected that marriage is not intended for starting a family, work permit is no longer valid.
10- 51st article of the same regulation is changed as below:
Work permit of those who are assigned to the representatives of international institutions, embassies and consulates in Turkey and their spouses and children can be given exceptionally by taking opinion of Ministry of Foreign Affairs provided that it is limited to the duty term and within correspondence principle.
11- 58th article of the same regulation is changed as below:
It is inspected whether the foreigners and employers meet their liabilties by labour inspectors of the ministry and inspectors of Social Security Institutions. Inspections, supervisions and investigations to perform as per the law are performed as per the provisions of inspection, supervision and investigation in Labor Law numbered 4857 and dated 22/5/2003 and relevant sanctions are applied accordingly.
If it is detected that the foreigners and employers meet their liabilities during any inspection, supervision and investigation performed by inspectors and police forces of general and special budgeted administrations in accordance with their regulations, the ministry is informed.
Administrative sanctions in the law are applied by the regional director on the notifications made as per the 2nd paragraph and inspections made as per the 1st paragraph in accordance with the survey reports and records sent.
12- Expression of “dated 8/6/1965 and numbered 625” is replaced by “dated 8/2/2007 and numbered 5580” of the 60th article of the same regulation.
13- APPENDIX-2 in the attachment of the same regulation is changed as the attached.
14- This regulation is put into effect on the date of issue
15- Minister of Labor and Social Security executes the provisions of this regulations.