Employer Obligations When Hiring Foreign Nationals in Turkey

Turkey has seen a steady rise in international professionals settling in cities like Antalya, and more employers — both Turkish and foreign-owned businesses — are asking what steps they must follow when bringing foreign nationals onto their payroll. The rules under the International Workforce Law (Uluslararası İşgücü Kanunu, Law No. 6735) are clear, but they carry obligations that fall primarily on the employer, not the employee.

Who Applies for the Work Permit?

This is the question that surprises many businesses: in Turkey, the employer applies for the work permit, not the foreign employee. Under Article 7 of Law No. 6735, applications are submitted electronically through the Ministry of Labour and Social Security (ÇSGB) portal. The Ministry must complete its evaluation — provided the application is complete and all documents are in order — within thirty days of receiving a fully documented application. Once provisionally approved, the prospective employee must apply for the appropriate work visa at the nearest Turkish consulate in their home country.

This two-step structure means that planning ahead is essential. The employer must have the position, salary, and employment contract terms finalised before submitting, and the employee needs enough time to obtain the visa and travel to Turkey.

One practical upside: a valid work permit also serves as a residence permit for its duration. The foreign employee does not need to obtain a separate residence document while working legally under a Turkish work permit.

Workforce Composition Requirements

The International Workforce Law gives the Ministry of Labour authority to evaluate applications against workforce composition criteria determined by the International Workforce Policy Advisory Board. In practice, the applicable implementing regulations set limits on the proportion of foreign employees relative to the employer's insured Turkish workforce. These limits apply to most employers, though the thresholds and applicable criteria can differ by sector, investment status, and the type of permit being requested.

Exceptions exist and can be significant. Companies operating in free trade zones, licensed R&D centres, and certain investment incentive zones benefit from more flexible arrangements. Highly skilled specialists, executives of internationally-headquartered companies, and professionals in shortage occupations are often assessed under separate criteria. Employers in Antalya's tourism, hospitality, and technology sectors regularly use these pathways to secure permits for the staff they need.

Salary and Employment Conditions

The Ministry reviews the salary offered against minimum thresholds that vary depending on the role. Managers, senior engineers, and certain specialist positions face a higher minimum than standard roles. An offer below the applicable threshold is likely to result in the permit being refused.

Beyond salary, the employment terms must fully comply with Turkish labour law. A foreign employee's annual leave entitlement, working hours, rest breaks, and overtime rights are identical to those of Turkish colleagues. Foreign nationals cannot be engaged on terms that fall below the statutory floor just because they are not Turkish citizens.

SGK Registration: A Separate, Parallel Duty

Obtaining the work permit is not the end of the employer's obligations. Before the employee starts work, the employer must also register the foreign national with the Social Security Institution (SGK). Premiums are calculated and paid in the same way as for Turkish employees.

These are two distinct legal duties. A valid work permit does not automatically satisfy the SGK registration requirement, and failing to register carries its own set of administrative penalties separate from any work permit violation.

Penalties for Employing Without a Permit

Article 23 of Law No. 6735 sets out the consequences for employing a foreign national without a valid work permit. The penalties fall on both sides:

• The foreign national faces an administrative fine of 2,400 Turkish Lira.
• The employer faces an administrative fine of 6,000 Turkish Lira per worker employed without a permit.
• Repeat violations attract fines doubled from the base amounts.
• The employer must also cover all costs of the foreign national's deportation and subsistence until departure — including accommodation, travel expenses, and, where necessary, healthcare costs.

These are the base amounts set by Article 23; they are adjusted periodically in line with applicable government indices. The fines are paid within one month of the administrative notice. Beyond the financial consequences, foreign nationals found working without a permit are reported to the Ministry of Interior for deportation proceedings.

For the foreign national, deportation may be accompanied by an entry ban that prevents them from returning to Turkey for a significant period. If a work permit application is denied and the refusal seems unjustified, it is worth challenging the decision formally rather than simply starting work and hoping for the best.

Renewal and End of Employment

Work permits expire and must be renewed before they lapse. The renewal application follows a similar process to the initial one, submitted again by the employer through the Ministry's online system. The renewal application should be submitted at least sixty days before the permit expires, as Article 7 of Law No. 6735 makes clear that late applications are rejected outright.

When the employment relationship ends, the work permit is tied to that employer and ceases to apply. A foreign national who wishes to continue working in Turkey must begin a new permit application with their next employer. This is also relevant for employers: terminating a foreign employee requires the same notice periods and statutory payments as terminating any Turkish employee, and the permit withdrawal process should be managed alongside the exit from employment.

Frequently Asked Questions

Q: Can my company start the hiring process before we have enough Turkish employees to meet the composition requirements?

The workforce composition criteria are assessed at the time of application based on your current insured headcount. Some exemptions and professional classifications allow smaller companies to bring in key foreign hires even before reaching the general thresholds. A lawyer can assess your specific situation against the current implementing regulations.

Q: How long does it take to get a work permit approved?

Under Article 7 of Law No. 6735, the Ministry aims to complete evaluation within thirty days of receiving a fully documented application. Well-prepared applications for straightforward roles can come through within this window. Incomplete files or unusual role descriptions take longer. Building in adequate lead time is essential.

Q: Is a work permit required for short-term consultants or experts visiting Turkey?

Short-term specialist work may fall within a specific permit category or, in some cases, within visa exemptions for business visits. The lines between a legal business visit and work requiring a permit can be narrow, and the employer bears the risk if the boundary is crossed. Seek advice before the arrangement begins.

Q: What if we are a foreign company with no registered presence in Turkey?

Foreign companies without a Turkish legal entity cannot sponsor a work permit directly. Establishing a branch, liaison office, or subsidiary is typically the first step. Each form of presence has different legal and tax implications worth considering carefully before proceeding.

How Mona Hukuk Can Help

Our team in Antalya advises both Turkish and foreign employers on every stage of the work permit process — from assessing eligibility against the current workforce composition criteria, to preparing applications, handling renewals, and responding to Ministry requests for additional information.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.