05-11-2024
In recent years, Türkiye has become an attractive destination for foreign professionals seeking employment opportunities.
To facilitate the integration of foreign workers into the Turkish labor market, a comprehensive reform of the evaluation criteria has been finalized.
This document outlines the main evaluation criteria that the local company must meet, as well as the new preferential rights for foreign workers.
1. GENERAL EVALUATION CRITERIA
The general evaluation criteria encompass the fundamental conditions that local companies and foreign workers must meet to obtain a work permit in Türkiye. These criteria include the human resources capability, the financial capacity of the company, and the salary conditions for hiring. Each of these has been carefully established to ensure the regular and appropriate integration of foreign labor.
A. HUMAN RESOURCES CAPABILITY
Below are the requirements expected from the workplace for the employment of a foreigner applying for a work permit :
- At least five Turkish citizens (1/5) must be employed for each foreign worker. This condition aims to protect the local workforce and maintain a balance concerning foreign labor.
- However, if the net revenue of the previous year is 50,000,000 TL or more, the requirement to employ five (5) Turkish citizens will not apply for applications concerning up to five (5) foreigners. This regulation allows large companies to recruit international experts more flexibly.
NOTE: for businesses with a net sales amount of 50,000,000 TL or more in the last year, the requirement for five (5) Turkish employees applies with the sixth (6th) foreign worker. There is no requirement for 1/5 Turkish employees for the first five (5) foreign employees.
B. FINANCIAL SUFFICIENCY CRITERIA OF THE COMPANY
The financial sufficiency of the workplaces applying for a work permit is evaluated according to specific criteria.
- Newly established workplaces that have not yet prepared a balance sheet and annual income statement must have a minimum paid-in capital of 500,000 TL.
- For active businesses, the paid-in capital must be at least 500,000 TL, or annual net sales must be at least 8,000,000 TL, or the export amount must be at least 150,000 USD.
These criteria are important indicators to demonstrate that the workplace has the capacity to create employment and possesses a financially sustainable structure.
C. SALARY CRITERIA
Salaries to be paid to foreign employees are determined as multiples of the currently applicable legal minimum wage.
Senior executives and pilots
The salary should be five (5) times the legal minimum wage
Engineers and architects
The salary should be four (4) times the legal minimum wage
Other managers
The salary should be three (3) times the legal minimum wage
Jobs requiring expertise and mastery
The salary should not be less than twice (2) the legal minimum wage
These criteria are implemented to balance the competition of foreign labor with the local market and ensure the appropriate evaluation of qualified labor. Salary criteria aim to protect the rights of the local workforce while allowing foreigners to contribute to the country's economy.
NOTE: it is very difficult to obtain work permits for engineering and architecture graduates, as their work permit applications are reviewed and validated (or not) with the opinion of the Union of Chambers of Turkish Engineers and Architects.
D. NEW EXCEPTIONS TO THE DIFFERENT CONDITIONS
Foreigners who are residing in Türkiye for at least three (3) years during the last five (5) years will not be subject to the application of the criteria mentioned in points A and B.
This exception aims to facilitate the work permit application process for foreigners and to accelerate the process. It also supports the rapid integration of foreigners who have permanently settled in the Turkish labor market.
2. SPECIAL EVALUATION CRITERIA BY SECTOR & PROFESSION
This section covers the specific evaluation criteria applicable to certain sectors and professions. These criteria outline the exemptions and special conditions for foreigners working in various sectors. They are designed based on Türkiye's economic structure and needs, taking into account the unique dynamics of each sector.
Information technology sector
Human resources capability and financial sufficiency criteria are generally not applied. For workplaces operating outside this sector, this exemption is limited to a maximum of two (2) foreign employees.
Aviation sector
Human resources capability and financial sufficiency criteria are not applied when evaluating work permit applications for foreigners who will work as senior executives or in specialized roles at Türkiye-based representative offices.
High technology-required sectors
When necessary, general evaluation criteria may be partially or fully waived for work permit applications in these sectors. Human resources capability and financial sufficiency criteria are not applied when assessing work permit applications under Articles 4691 and 5746*.
Situations requiring general evaluation criteria
In cases where no specific provisions exist within the evaluation criteria for regulated sectors, general evaluation criteria should be used as a default.
Application of exemption criteria based on sector and profession
Work permit applications submitted for a different employer or outside the specified sectors within six (6) months from the permit’s start date are generally evaluated negatively, except in cases of force majeure.
*The laws 4691 and 5746, published respectively on June 26, 2001, and February 28, 2008, aim to strengthen cooperation between universities, research institutions, and the production sector to promote technological knowledge, innovation, improvement of product quality, increase productivity, reduce production costs, and attract foreign investments, while supporting the employment of qualified personnel in R&D and design.
3. EVALUATION CRITERIA FOR FOREIGN SHAREHOLDERS
The criteria regarding foreign shareholders regulate the financial sufficiency and human resources capability conditions applicable when foreigners establish a company or become a shareholder in an existing company in Türkiye. These regulations have been established to facilitate the establishment of foreign investors conducting activities in Türkiye.
Financial sufficiency and capital criteria
Foreign shareholders must ensure that the capital of the company they establish is at least 500,000 TL and that they hold a minimum of 20% of this capital. This regulation is intended to ensure that foreign investors have a significant responsibility and stake in the company. Additionally, this criterion encourages foreign investors to contribute to the financial sustainability of the company, thereby facilitating secure investments in the local economy.
Human resources capability
For a foreign shareholder to obtain a work permit, the company must employ at least five (5) Turkish citizens. The first work permit granted to the foreign shareholder or foreign owner of the company will be subject to the following rule: within seven months, the company is required to employ a minimum of 5 Turkish citizens.
NOTE: work permit applications submitted on behalf of a foreign shareholder with a capital share of at least 100,000 US dollars will not be subject to the human resources capability and capital conditions mentioned above.
1 USD = 34.2236 TL as of 1er novembre 2024
4. FOREIGNERS EXEMPTED FROM EVALUATION CRITERIA
Some foreigners are exempt from the evaluation criteria and can obtain a work permit without being subject to human resources capability, financial sufficiency, and salary level conditions. These exemptions have been established to facilitate foreign nationals' access to employment in Türkiye, offering them an advantage due to certain social and familial circumstances.
A. SPECIAL CASES
- Those whose mother, father, or child is a Turkish citizen,
- Those with humanitarian residence permits,
- Foreigners holding stateless person identity documents,
- Foreigners granted long-term residence permits,
- Foreigners living in marriage with a Turkish citizen for at least three (3) years,
- Foreigners who have resided in Türkiye for at least eight (8) years under a work permit, short-term residence permit, family residence permit, long-term residence permit, humanitarian residence permit, or as victims of human trafficking.
NOTE: for a company already benefiting from the previously mentioned exemptions, the exemptions for foreign workers indicated above are not cumulative.
Additionally, under the section of the Regulation on the Implementation of the International Workforce Law specifying exemptions from work permits, the following foreigners are assessed under the work permit exemption framework:
- Foreigners who can provide significant economic, socio-cultural, or technological contributions, or contribute to educational fields in Türkiye, as recognized by relevant public institutions, for up to three (3) years.
- Professional foreign athletes and coaches coming to Türkiye, as well as sports physicians, sports physiotherapists, sports mechanics, sports masseurs or masseuses, and similar sports personnel, may be exempt during the duration of their contracts with sports federations and sports clubs, subject to the approval of the Ministry of Youth and Sports or the Turkish Football Federation.
- Foreign journalists holding a permanent-press card for the duration of their assignments with approval from the Türkiye Presidency's Directorate of Communications.
B. IN CASE OF EXEMPTION RENEWAL REQUEST
- Foreigners who come to Türkiye for the receipt of equipment purchased in Türkiye, for training in the use of goods, machinery, and equipment imported into Türkiye, as well as for their assembly, maintenance, and repair, may benefit from a work permit exemption for a maximum duration of three (3) months.
However, renewal requests can only be submitted at least six (6) months after the initial issuance date.
NOTE: it is important not to confuse the possibility of obtaining a 6-month assembly visa directly at the Turkish consulate in the country of origin for any construction mission in Türkiye.
- Foreigners working as representatives of tourism operators may benefit from a work permit exemption for a maximum duration of eight (8) months, calculated on an annual basis.
5. EFFECTIVE DATES
The criteria concerning social capital and net revenue, as well as the financial and human resources capability requirements for foreign shareholders, already came into effect on October 1, 2024.
Companies have until January 1, 2025, to meet the criteria for social capital and the capital amount of foreign partners in order to be considered financially viable.
The new regulation will be fully applicable from January 1, 2025.