Turkey: PENAL PROVISIONS SET FORTH IN LAW ON WORK PERMITS FOR FOREIGNERS

August 1st, 2016 Burcu DUMAN
Obligation of Notification:
 
Article 18.
 
a. The independently working foreigners are obliged to inform the situation to the Ministry within at most fifteen days, from the date they have started working and from the end of the work,
 
b. The employers that employ foreigners are obliged to inform the situation to the Ministry within at most fifteen days when he/she has started to work, in case he/she doesn’t start working within thirty days from the date when the working permission was given, from the end of this date and from the date when the service contract was terminated for any reason.
 
 Penal provisions:
 
Article 21.
 
Independently working foreigner and their employers, who don’t fulfill their obligation of notification according to article 18 within due time, are fined with an administrative penalty of 2.465 TL, for each foreigner.
 
 The foreigner that works dependently without a working permission is fined with an administrative penalty of 731 TL.
 
An administrative penalty of 7.325 TL is given to the employer or employer representatives for each foreigner that doesn’t have working permission. In this case, the employer or representative of employer is obliged to cover the accommodation expenses of the foreigner and his/her spouses and children, if any, the expenditures required for them to return to their countries and their health expenses when required.
 
In case of repeated actions mentioned in the first, second and third paragraphs, the administrative penalties are applied as one fold increased.
 
 Administrative penalty of 2,928 TL is given to the foreigner that works independently without having a working permission given in accordance with this Law and decision is taken by the Ministry area directors to have his/her workplace or workplaces, if any, closed and the situation is informed to the governorship to have this decision implemented.
 
In case it is repeated, administrative penalty is applied as one fold increased besides having the workplace or workplaces closed, if any.
 
 The foreigners working dependently and independently and the employers that employ foreigners, fined with administrative penalty according to this Law are notified to the Ministry of Interior Affairs.
 

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