Requirement for Foreign Employees to Work
In accordance with the International Labour Force Act No. 6735, foreigners must obtain a work permit from the Ministry of Labour and Social Security before starting to work for an employer or to work independently.
Types of Work Permit:
- Temporary Work Permit: A foreigner whose work permit application is approved, is granted a work permit, provided that he/she works in a specific workplace belonging to a real or legal person or a public institution or an organisation or in a specific position at one of their workplaces in the same line of business, and that the term of the employment or service contract is not exceeded. The work permit is valid for a maximum of 1 year at the first application.
- Permanent Work Permit: Foreigners with a long-term residence permit or a legal work permit for at least 8 years are eligible to apply for a permanent work permit. Permanent work permit documents are renewed at the end of 5 years when the start date of the work permit expires.
- Independent Work Permit: Foreigners in professional occupations are granted independent work permits for a limited period, provided that the specific conditions stipulated in other laws are met.
Does a Foreign Employer need to Establish or Work through a Local Entity to Hire an Employee?
In accordance with the Foreign Direct Investment Law Act No. 4875, foreigners can establish a company in Türkiye. If foreigners want to establish a workplace and work on behalf of their name and account; following the completion of the establishment procedures such as the publication of the workplace in the trade registry or Chamber of Artisans registry gazette and obtaining a tax number for the workplaces in question, they must apply to the Ministry of Labour and Social Security for a work permit.
In addition to the above principally, 5 Turkish citizens must be employed in workplaces that will employ a foreign employee. In other words, 5 Turkish citizens must be employed for each foreigner.
Limitations on Background Checks
While being limited with personal data protection rules and regulations, employers can perform certain background checks of potential employees whether the employee is suitable for the relevant position. The background checks, however, must be in relation to evaluation of the potential employees’ fitness for the role to be offered. In other words, it is not possible to carry out intelligence work or to provide control through any databases. As criminal records and health records are categorised as special category personal data, they can only be processed with the explicit consent of the data subject or in special conditions stipulated under Personal Data Protection Law No 6698 (“DP Law”). The DP Law applies to personal data processing activities carried out wholly or partly by automated means or by non-automated means, where such processing forms part of a data filing system. The DP Law, therefore, does not apply to interviews which are not recorded including recording by notetaking. In these cases, it is generally accepted that the employer can only ask questions regarding criminal record and health so long as it is necessary for the requirements of the job. For example, questions regarding criminal records as to financial crimes can be asked to potential employees to be worked in finance departments.
Effective from 1 June 2024, amendments to the DP Law have been introduced. Notably, the processing of special categories of personal data, such as data related to criminal convictions, security measures, and health data, has been permitted to meet legal obligations in specific areas, including employment, occupational health and safety, labour and social security, or social services and assistance. However, it should be noted that the DP Law explicitly addresses the fulfilment of legal obligations within the context of an existing “employment” relationship. Accordingly, while health data may be processed at the stage of commencement of employment (i.e., upon hiring) to comply with occupational health and safety obligations, this legal basis does not extend to the candidate evaluation stage during the recruitment process.
As regards data related to criminal convictions and security measures, although such data may be considered relevant within the scope of background checks depending on the nature of the position and the recruitment process, processing remains highly restricted and must be assessed strictly within the framework of the principle of proportionality—a fundamental principle of the DP Law. Moreover, given that criminal record certificates have a validity period of six (6) months under the applicable legislation, such documents obtained during the recruitment process may not maintain their currency throughout the employment relationship, thereby further limiting their practical utility as a basis for ongoing assessment. In practice, it should be noted that a certificate stating “no criminal record” is generally not treated as special category personal data, as it does not contain any information regarding a criminal conviction or security measure; however, a certificate that does contain such information would qualify as special category personal data and would be subject to the stricter processing conditions under the DP Law. Consequently, the processing of such data must be evaluated on a case-by-case basis, in compliance with the obligations explicitly defined by the relevant legislation. Additional permission should be obtained from the Ministry of Labour and Social Security in order to work in some fields, such as an insurance company, bank or a leasing company.
Restrictions on Application/Interview Questions
There are no legal limitations regarding the questions to be asked during applications, interviews or other hiring procedures. However, employers must still be cautious and should not invade the privacy of potential employees, or should not ask questions which may lead to harassment/sexual harassment allegations, apart from the explanations above under Question 3.
