Turkey is an attractive destination for businesses due to its strategic location, growing economy, and skilled workforce. However, hiring foreign employees in Turkey requires adherence to strict legal procedures and regulations. Employers must obtain work permits, comply with labor laws, and meet specific criteria. This article provides a detailed guide on how to hire foreign employees legally in Turkey, ensuring compliance with local regulations while optimizing recruitment processes.
1. Understanding the Legal Framework
Foreign employment in Turkey is regulated under:
- Law on Work Permits for Foreigners (No. 4817)
- International Labor Law (No. 6735)
- Turkish Labor Law (No. 4857)
- Regulations of the Ministry of Labor and Social Security (MLSS)
These laws establish the requirements for work permits, employer obligations, and penalties for non-compliance.
2. Who Needs a Work Permit in Turkey?
Foreigners who wish to work in Turkey must obtain a work permit, except for:
- Diplomats and government representatives
- Foreign spouses of Turkish citizens with a long-term residence permit
- Cross-border service providers staying in Turkey for short periods
All other foreign employees, including freelancers and remote workers for Turkish companies, must secure a valid work permit.
3. Types of Work Permits in Turkey
The Ministry of Labor and Social Security (MLSS) grants different types of work permits:
a) Temporary Work Permit
- Initially valid for one year
- Renewable for up to three years if working for the same employer
b) Indefinite Work Permit
- Granted to foreigners residing in Turkey for at least eight years
- Requires a minimum of six years of legal employment
c) Independent Work Permit
- For foreigners intending to work independently or start a business
- Must demonstrate professional expertise and financial capability
d) Turquoise Card
- A special permit for highly skilled foreign workers
- Offers long-term residence and work privileges
4. Employer Requirements for Hiring Foreign Employees
To hire foreign employees in Turkey, employers must meet certain conditions:
- Company must have at least five Turkish employees per foreign worker
- Paid-up capital must be at least 100,000 TRY or an equivalent amount in turnover
- No Turkish citizens available for the same job role (for certain industries)
- Foreigners cannot be hired for specific restricted professions, such as:
- Pharmacists
- Dentists
- Veterinarians
- Notaries
- Security personnel
5. Work Permit Application Process
Hiring a foreign employee involves a step-by-step application process:
Step 1: Obtain a Job Offer and Employment Contract
Before applying for a work permit, the employer must:
- Offer a formal employment contract
- Determine the salary, which must be above the minimum wage
- Define the job role and responsibilities
Step 2: Apply for a Work Permit Online
Employers must apply through the Ministry of Labor and Social Security’s online system. Required documents include:
- Employer’s registration details
- Company tax and commercial registry records
- Foreign employee’s passport copy
- Diplomas or certificates proving qualifications
- A biometric photo
Step 3: Approval Process and Evaluation
The Ministry evaluates applications based on:
- Market demand for foreign expertise
- Compliance with labor laws
- Company’s financial status and workforce ratio
Approval takes approximately 30-60 days. If approved, the foreign employee can start working legally.
6. Residence Permit Requirements
Foreign employees must also obtain a residence permit within 30 days of arriving in Turkey. This permit is issued by the Directorate General of Migration Management and is required for legally staying in the country.
7. Hiring Foreigners for Remote Work
With the rise of remote work, Turkey has introduced regulations for foreign professionals working for Turkish companies while residing abroad. Although remote workers do not require a work permit, employers must:
- Comply with international tax laws
- Ensure social security contributions
- Draft contracts covering remote work policies
8. Costs and Fees for Hiring Foreign Employees
Hiring a foreign worker incurs several costs, including:
- Work permit fee: Ranges from 150 USD to 615 USD, depending on permit duration
- Residence permit fee: Varies based on nationality
- Social security contributions: Employers pay 22.5% of the gross salary
9. Challenges and Common Mistakes
Employers may face challenges when hiring foreign employees in Turkey, such as:
- Incomplete documentation leading to permit rejections
- Non-compliance with labor quotas
- Delays in application processing
- Misclassification of foreign workers (freelancers vs. full-time employees)
10. Benefits of Hiring Foreign Employees in Turkey
Despite the legal complexities, hiring foreign employees offers advantages:
- Access to international expertise
- Enhanced business diversity
- Stronger global market presence
- Increased innovation and competitiveness
Conclusion
Hiring foreign employees legally in Turkey requires careful planning and adherence to regulations. Employers must secure work permits, meet legal requirements, and ensure compliance with labor laws. By following the correct procedures, businesses can benefit from global talent while avoiding legal risks. If you plan to hire foreign employees in Turkey, consulting an expert in work permit applications can help streamline the process and ensure a successful recruitment strategy.
