Penalties for Employing Illegal Workers and Legal Sanctions You May Encounter
There are many precautions taken by the Turkish Government to deter foreigners from working illegally or without insurance and Turkish citizens from working without insurance. In particular, the Social Security Institution of the Ministry of Labor and Social Security and the inspectors of this institution are obliged to ensure the employment of the personnel in accordance with the law.
Penalties for Illegal or Uninsured Foreign Workers
The penalties imposed by the Ministry of Labor and Social Security on foreign workers and foreigners who do not have work permits are as follows :
AMOUNT OF FINE
AMOUNT OF FINE
AMOUNT OF FINE
|For each foreigner who employed without a work permit, the employer is fined||6,000||6,229||7,130|
|Dependent working foreigner without a work permit||2400||2,491||2,851|
|Independent working foreigner without a work permit||4,800||4,983||5,704|
|For each foreigner employed independently and indefinitely that ha not complied with the regulated notification period set by law, the foreign employee and employer||400||415||475|
As it is seen, administrative fines are set separately for the foreign employer who does not have a work permit and the foreigner who does not have a work permit.
The Fines Incur Folding Interest
Pursuant to Article 23 of the International Labor Law, the fines to be applied in case of repetition of the above-mentioned conditions shall be applied one fold. In other words, foreign workers employed in a company in Turkey without work permits in 2018 shall pay an administrative fine of 2,851 Turkish Liras if this situation is detected. If this foreigner is employed again in 2018 and this situation is detected again, he must pay a fine of 5162 Turkish liras.
The Workplace of the Foreigner Without Work Permit Shall Be Closed
In addition, the same amount of administrative fines shall be deducted by the Social Security Institution for workplaces employing uninsured Turkish workers. The penalty for employing a Turkish citizen with no work permit and an uninsured Turkish citizen is the same. The workplace of foreigners who work for their own account without work permits shall be closed by the regional directorate of the Ministry of Labor and Social Security.
Before a foreigner starts to work for a company or for themselves in Turkey it is mandatory for them to get a work permit from the Ministry of Labour and Social Security in pursuant to “Law on Foreigner Work Permits”.
Foreign workers that have received work permits from the Ministry of Labour and Social Security are considered insured from the day they start working regardless of their request and it must be declared to the SSI in accordance with Article 4/a of law number 5510.
Foreigners and Workplaces Who Do Not Need Work Permits
Foreigners who meet the conditions stated below and the workplaces that will employ them do not need to obtain a work permit. Therefore, foreigners and their workplaces do not receive any administrative fines.
- Exempted from the work permit bilateral or multilateral agreements to which Turkey is a party
- Turkey is a party which will be implemented by bilateral or multilateral agreements or pursuant to a consortium of national, international projects to work in international organisations or foreigners
- Foreign football players and other athletes and trainers whose request have been deemed suitable by the Turkish Football Federation or the Youth and Sports General Directorate
- Those whose permanent residence is abroad; scientific, cultural and artistic activities to foreigners coming to Turkey temporarily for less than a month,
- Foreigners could prove their duties to last a maximum of 6 months in official exhibitions and circus shows and other places in Turkey
- On the basis of reciprocity, foreign students who will do an internship in private or public institutions and organisations provided that they are limited to internship periods within the framework of student exchange programs