NEW WORK PERMIT EVALUATION CRITERIA WAS ANNOUNCED BY THE TURKISH MINISTRY OF LABOR
kivancozbenli
8 Eki 2024
4 dakikada okunur
The “Work Permit Evaluation Criteria” implemented in accordance with the Additional Article of the International Labor Law Implementation Regulation have been updated in accordance with Article 22 of the same Regulation, and the new work permit assessment criteria entered into force as of October 1, 2024.
With the new regulation, the employment, financial adequacy and wage criteria included in the work permit assessment criteria have been revised, and new regulations have been made based on sector, profession or job.
If we would like to summarize some important points;
1. Employment Criteria
1.1 It is mandatory to employ at least five Turkish citizens for each foreigner who will be employed at the workplace
1.2 The employment criteria is not applied in the evaluation of work permit applications up to five foreigners to be employed at the workplaces with net sales in the amount of 50.000.000 Turkish Liras or more for the last year.
2. Financial Eligibility Criteria
2.1 In the work permit application to be made on behalf of the foreigner to be employed at the workplace which was newly established based on the balance sheet basis (the workplace which was established in the current year and whose annual balance sheet and annual revenue table were not issued yet), the paid capital of the workplace needs to be in the amount of at least 500.000 Turkish Liras.(It comes into force as of 01.01.2025, previous version was 100.000TL)
2.2 In the work permit application to be made on behalf of the foreigner to be employed at the workplace which is currently operating based on the balance sheet basis (the workplace which was established the year before the current year and which has at least one annual balance sheet and one annual revenue table), the paid capital of the workplace needs to be in the amount of at least 500.000 Turkish Liras or its net sales needs to be in the amount of at least 8.000.000 Turkish Liras or its exportation needs to be in the amount of at least 150.000 USD.
2.3 In the work permit application to be made on behalf of the foreigner to be employed by an ordinary partnership established by the workplaces which are established based on the balance sheet basis, the paid capital of one of the partners needs to be in the amount of at least 500.000 Turkish Liras or its net sales needs to be in the amount of at least 8.000.000 Turkish Liras or its exportation needs to be in the amount of at least 150.000 USD.
3. Wage Criteria
3.1 By considering the current gross minimum wage amount as of the date of the work permit application, the wage to be paid to the foreigner may not be less than:
a) 5 times of the minimum wage for the high level managers and pilots,
b) 4 times of the minimum wage for the engineers and architects,
c) 3 times of the minimum wage for other managers,
d) 2 times of the minimum wage for those who would work for jobs requiring expertise and craftmanship,
e) The minimum wage for the foreigners who would work for domestic services and other professions / jobs.
4. Exception for the Employment and Financial Eligibility Criteria
4.1 In the evaluation of the domestic work permit applications made on behalf of the foreigners who have legally stayed in Turkey within the scope of residency permit, work permit or international protection for at least three years in the last five years as of the date of the work permit application, except staying in Turkey as a student, it is mandatory not to apply the employment and financial eligibility criteria being limited to three foreigners included in this scope at the most.
4.2 It is mandatory not to have a greater number of foreign employees than the number of Turkish employees working at the same workplace with a work permit at the workplaces within the scope of the first sub article.
4.3 Provided that the provisions of the regulations regarding the foreigners included in the scope of international protection are reserved, in the event that more than three foreigners qualifying the eligibility conditions in the first sub article work at the same workplace, it is mandatory to employ five Turkish citizens separately for each foreigner working at the workplace and to meet the financial eligibility criterion in the evaluation of the work permit application made on behalf of the fourth and each following foreigner who would work at the workplace.
Special Evaluation Criteria Based on Sector, Profession or Work
Special evaluation criteria based on sector, profession or job are determined according to the specific dynamics and requirements of each sector. Sectors with special evaluation criteria are as follows:
- IT Sector
- Education Sector
- Home Services Sector
- Aviation Sector
- Sectors Requiring Advanced Technology
- Public Projects
- Health Sector
- Tourism Sector
- Foreign Students
In case there is no provision in the evaluation criteria for the specified sectors, it is essential to apply the general evaluation criteria. In addition, in cases where there is no provision in the evaluation criteria determined by the Ministry for the sectors mentioned above, the general evaluation criteria will continue to be applied.
In addition, if foreigners who are issued work permits within the scope of the exemptions determined specifically for the sectors above apply domestically to work for a different employer and outside the specified sector, profession or job within 6 months from the permit start date, their applications will be evaluated negatively, except for force majeure reasons.
Foreigners exempted from evaluation criteria
Among the foreigners exempted from the evaluation criteria; Those with Turkish family members, those with humanitarian residence permits, victims of human trafficking, stateless persons, those with long-term residence permits, those married to a Turkish citizen for at least 3 years, those who have resided in Turkey for at least 8 years, those declared to be of Turkish descent, and citizens of the Turkish Republic of Northern Cyprus are included. These individuals are required to prove their status with official documents, but this does not provide absolute entitlement to obtain a work permit.
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