October 19, 2010

Turkey has implemented a new law (4817, article 13) with respect to evaluation criteria for work permit applications.  The new criteria, effective immediately, put in place a quota system for work permits, a capital requirement for the sponsoring company and minimum salary requirement and come on top of the previous changes to the process made in February this year.  Additionally, the newly implemented online system is causing some administrative delay.

What Are The New Criteria?

  1. Companies must have at least 5 Turkish personnel for every 1 foreign employee for whom a work permit is requested.  If the work permit is being requested for a partner of the firm, then the 5 necessary Turkish employees may be employed subsequently, within 12 months of the granting of the work permit.
  2. The capital of the firm must be at least 100,000 TL, or the gross revenue must be at least 800,000 TL, or the previous year’s export revenue must be at least 250,000 USD.
  3. The first 2 criteria will not be in effect for foundations, organizations, foreign airway firms, school organizations and domestic maids.
  4. If the work permit is demanded for a partner of the firm, the partner’s share must not be less than 40,000 TL and 20% of the capital
  5.  The salaries declared must not be less than as follows:
    • High level managers, pilots, engineers : 6.5x minimum wage
    • Branch managers, engineers : 4x minimum wage
    • Experts and teachers: 3x minimum wage
    • Domestic maids and other jobs: 1.5x minimum wage
  6. For tourism firms which have massage units, masseuse employees will not be granted work permits unless they have a 4 star certificate from the Ministry of Tourism.
  7. For jobs which require expertise in the entertainment and tourism sector, there will be no quota provided the firm has at least 10 Turkish employees.

What Changed in February?

These new criteria come on top of changes introduced in February 2010.  At that time, a provisional work permit was introduced for certain certified professionals, such as engineers, who are subject to a lengthy accreditation process before work permit approval in Turkey can be granted.  Additionally, at that time, a new application form was introduced and provision was made for work permits to be filed within ten days either side of the visa application (rather than up to three days after the visa application).

Online System Delays

As part of the new processes, Turkey has introduced an online application system.  Pro-Link GLOBAL submits all work permit applications on behalf of our clients, and so there is no need for our clients to negotiate the system, but it is important to note that the online system still has certain glitches (for example, in its address registration database) which are causing some administrative delays.

ACTION ITEMS FOR EMPLOYERS

Note the new criteria for work permit applications and contact Pro-Link GLOBAL if you have questions at this stage.

Pro-Link GLOBAL will be pro-actively contacting all clients with active cases to discuss these changes.

Caveat Lector | Warning to Reader 

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification.

Pro-Link GLOBAL worked with our PLG|KGNM correspondent office in Poland to provide this Global BRIEF alert to you.