ARTICLE 9 A) REJECTION OF WORK PERMIT APPLICATION

INTERNATIONAL LABOR LAW 6735

FOREIGN AND INTERNATIONAL NO. 6458 

Rejection of work permit application
ARTICLE 9- (1) As a result of the evaluation made according to Article 7 of this Law;
a) Incompatible with international labor policy,

Leave#n Evaluation Criteria#

The Evaluation Criteria that Applicant Workplaces and Foreigners Have to Meet for Work Permit Requests of Foreigners Determined in accordance with Article 13 of the Implementing Regulation of the Law on Work Permits of Foreigners No. 4817

1. At least five T.R. Employment of citizens is mandatory. If a work permit is requested for more than one foreigner at the same workplace, five T.R. Citizen employment will be sought. If the foreigner requesting a permit is a company partner, the employment requirement for five persons is required for the last six months of the one-year work permit to be given by the Ministry.

2. The paid-in capital of the workplace must be at least 100,000 TL or its gross sales must be at least 800,000 TL or the export amount in the last year must be at least 250,000 USD.

3. Article 2 shall not be applied in the permit requests for foreigners who will work in associations and foundations, and Articles 1 and 2 shall not be applied in the evaluation of work permit applications of foreigners who will work in the Turkish representations of foreign state airlines, education sector and domestic services.

4. The foreign partner of the company requesting permission must have at least 20 percent of the capital, not less than 40,000 TL.

5. The amount of monthly wage declared to be paid to the foreigner by the employer must be at a level compatible with the duty and competence of the foreigner. Accordingly, taking into account the minimum wage in force as of the date of application, the minimum wage to be paid to the foreigner is;

1. 6.5 times the minimum wage for senior managers, pilots and engineers and architects requesting preliminary permission,

2. 4 times the minimum wage for unit or branch managers, engineers and architects,

3. They will work in jobs that require expertise and mastery, teachers and psychologists,

   minimum for foreigners who will work as physiotherapist, musician and performing artist

   3 times the price,

4. Minimum minimum wage for foreigners to be employed in domestic services, those listed above

   Other professions (such as salesperson, marketing-export officer)

   For foreigners to work, it is required to be 1.5 times the minimum wage.

5. He will work as acrobat and similar titles in tourism-animation organization companies

   2 times the minimum wage for foreigners who will work in jobs such as masseurs, masseuses and SPA therapists.

6. Requests requiring expertise and mastery such as masseurs, masseuses and SPA therapists of at least four-star tourism enterprises and holiday villages certified by the Ministry of Culture and Tourism, which prove that they have a licensed massage parlor, will be evaluated, and the demands of businesses and workplaces that are not within this scope will not be considered appropriate. .

7. (Amended: 20.4.2011/ÇGM-8108) For foreigners to be employed in jobs that require expertise and mastery in the entertainment industry and tourism-animation organization companies, at least 10 T.R. If a citizen is employed, five T.C. separately for each foreigner. The quota regarding the employment of citizens will not be applied separately.

8. (Additional article: 20.4.2011/ÇGM-8108) In the evaluation of work permit requests for foreigners to be employed in the procurement of goods and services by contract or tender procedures by public institutions and organizations, as well as the cases in which there are provisions in bilateral or multilateral contracts to which Turkey is a party. The criteria set in Articles 1 and 2 will not be applied.

9. (Additional article: 20.4.2011/ÇGM-8108) In the works that require advanced technology or in cases where there is no Turkish expert with the same qualifications, the criteria determined by the 1st and 2nd articles will not be applied upon the approval to be given by the General Directorate.

10. (Additional article: 20.4.2011/ÇGM-8108) For foreigners who will be employed in enterprises that meet the conditions of Special Foreign Direct Investment, except for key personnel, the criterion determined in article 1 is T.R. It is applied based on the number of citizens.

FOREIGNERS THAT WILL NOT APPLY TO THE CRITERIA IN APPLICATIONS

The foreigners who are not subject to the work permit evaluation criteria in accordance with the Implementation Regulation of the Law on Work Permits of Foreigners are listed below, and it is obligatory for the foreigners specified here to obtain a work permit in order to work. T.C. that the said foreigners whose work permit applications have been finalized without being subject to the work permit evaluation criteria are within this scope. It is obligatory to prove it with documents obtained from official authorities.

• Foreigners whose mother, father or child are Turkish citizens,

• Foreigners who have lived in marriage union with a Turkish citizen for at least three years,

• Foreigners who are citizens of the Turkish Republic of Northern Cyprus,

• Foreigners who have been granted a residence permit within the framework of the practices of Turkish and related communities,

• Foreigners who have been granted a residence permit within the framework of humanitarian considerations,

• Foreigners who have been granted a residence permit as victims of human trafficking,

• Foreigners who have been granted a stateless residence permit.