·24/06/2022·Uncategorized·7 min·



Temporary Foreigners under protection cannot work or be employed in Turkey without a work permit exemption or work permit.

< strong>Application Requirements

Temporary Applications made to employ foreigners who meet the following conditions are accepted:

< strong>a) Having a temporary protection identity document/foreign identification document and foreigner identification number indicating that the foreigner is under temporary protection,
b) According to the temporary protection record, applying to work from all provinces for the foreigner,
c) Preliminary permission document has been obtained from the relevant Ministries for the temporary protected persons who will work in occupations that require prior permission.
d) The foreigner under temporary protection does not have a work permit issued to work with another employer or an unfinished application for this foreigner before.

< strong>Application Procedure
a) Work permit application is made by employers who will employ foreigners under temporary protection.
b) Application is made online via e-Devlet Kapısı ( ​​or by selecting the module reserved for foreigners under temporary protection in the automation system. .
c) Those who do not have an employer record in the automation system, first create an employer record.
d) After entering the foreigner’s identification number in the automation system, the foreigner’s identity information is brought by making inquiries.
e) In the inquiry; If it cannot be confirmed from the records of the Ministry of Interior, that the foreigner is under temporary protection, that the temporary protection period of at least six months has been completed as of the date of application, the automation system will not be able to continue the process.
f) When entering the address information of the temporary protected foreigner into the system, if the selected province and the code of the province where the foreigner is granted temporary protection do not match, a warning is received in the automation system that the process cannot be continued.
g) It is obligatory to enter the information of the foreigner and his employer completely into the automation system, and to scan the foreigner’s photo into the system with the employment contract drawn up between the foreigner and the employer.
h) If the foreigner under temporary protection has an application made during the evaluation phase, the process cannot be continued in the automation system.
i) Work permit application must be made online through the automation system, and no documents will be sent to the Ministry in paper form.
j) For foreigners who work independently on their own behalf and account within the scope of temporary protection, after the establishment of the workplace is completed, provided that they have tax numbers, the trade registry gazette for companies, the relevant chamber registry registry document for real person traders, tradesmen and craftsmen Before starting to work, a work permit must be obtained by scanning documents showing the activity of the workplace, such as documents, into the automation system during the application. The condition of having a work permit for the foreigner will be sought when issuing a business and working license by the competent authorities.

< strong>Evaluation of Work Permit Applications
The Ministry rejects work permit applications in the following cases:
a) The number of employees under temporary protection at the workplace exceeds ten percent of the number of Turkish citizens working in the same workplace,
b) The application is made for jobs and professions that are allowed to be performed only by Turkish citizens with their special laws,
c) Not obtaining prior permission from the Ministry of Health for healthcare professionals, Ministry of National Education for education professionals or the Presidency of the Council of Higher Education,
d) Not meeting the evaluation criteria,
e) Having negative opinion of the relevant authorities.

< strong>Work Permit and Notice
a) Work permit The result of the evaluation made by the Ministry is notified online to the employer and the Ministry of Interior who want to employ the foreigner under temporary protection.
b) For the foreigner under temporary protection, whose request is approved, the work permit can be viewed in the “Application Tracking” section of the automation system created by the Ministry. In addition, the work permit in the form of a card issued by the Ministry on behalf of the foreigner will be sent to the address where the foreigner will work, by qualified courier.
c) Work permit granted temporary protection is obliged to notify the provincial directorate of migration administration in cases where it is compulsory to be in a different province as a requirement of his job.

< strong>Employment Quota
It is essential that the number of employees within the scope of temporary protection at the workplace does not exceed ten percent of the number of Turkish citizens working in the same workplace. However, work permit can be granted to a maximum of one foreigner under temporary protection in workplaces where there are no Turkish citizens or the total number of employees is less than ten.

Also , by the employer; Employment quota may not be applied in applications where it is documented from the Provincial Directorate in the province where the workplace is registered that within four weeks before the work permit application date, there is no Turkish citizen with the same qualifications to do the job for which the foreigner will be employed. In the evaluation of this matter by the Ministry, vacant jobs and job placements are taken into account according to the sectors and provinces for which work permit is requested. For every foreigner who is granted temporary protection, who is desired to be employed by employers but exceeds ten percent of the number of Turkish citizens working in that workplace, a document stating that employment quota may not be applied must be obtained by applying to the provincial directorates before applying for a work permit to the Ministry.

This For this purpose, within four weeks following the application made to the provincial directorates by the employers, the necessary evaluation is made by the provincial directorates regarding whether there is a Turkish citizen with the same qualifications who will do the job for which the foreigner under temporary protection is sought to be employed. At the end of the four-week period, if it is determined that the Turkish citizen who will do the job for which the foreigner will be employed is not found in that province, a document stating that the foreigner under temporary protection can be employed is given to the employers by the provincial directorates. When issuing a document stating that the employment quota will not be applied; The SSI registration number of the workplace, the occupational code of the job for which a work permit is requested, and the number of foreigners that can be employed in that occupation shall be clearly stated.

For example In the said document to be given by the provincial directorate, it will be stated that the occupational code of 9312.02 Physical Worker (Construction) at the workplace with the SGK registration number “123…” and the issues that the 15 worker demands could not be met within four weeks. In humanitarian aid service activities by associations that have the status of associations working for public benefit pursuant to the Associations Law dated 4/11/2004 and numbered 5253, and foundations granted tax exemption pursuant to the Law on Amendments to Certain Laws and Granting Tax Exemptions to Foundations, dated 30/7/2003 and numbered 4962. Employment quota will not be applied in the evaluation of work permit requests made to the Ministry regarding foreigners under temporary protection who are wanted to be employed.

< strong>Vocational education
Foreigners under temporary protection can attend the courses and programs organized by the Turkish Employment Agency within the scope of active labor services, provided that the temporary protection period of at least six months has been completed, and within this scope, they can receive vocational training and on-the-job training at a workplace. In the event that foreigners who have completed their vocational training are desired to be employed in the workplace where they are trained, it is obligatory to obtain a work permit by applying to the Ministry within the framework of the procedures and principles determined by this guide. In applications made within this scope, the employment quota may be applied differently by the Ministry.

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