Direct Investment Work Permit in Turkey

european union labor law turkey international permit - Direct Investment Work Permit in Turkey
REQUIREMENTS FOR SPECIAL DIRECT INVESTMENT WORK PERMIT
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The “Regulation on the Employment of Foreign Nationals Within the Framework of Foreign Direct Investments” introduced special provisions regarding work permits in order to facilitate work permits. Work permit applications required for personnel to be employed within the framework of foreign direct investments to which these provisions are not applicable are subject to the abovementioned general provisions (Law no. 4817 and Implementation Regulation).
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The scope of the Regulation on the Employment of Foreign Nationals Within the Framework of Foreign Direct Investments is defined on the basis of two fundamental criteria:
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  • Special Foreign Direct Investments (including liaison offices)
  • Foreign national key personnel
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The term “Special Foreign Direct Investment” refers to a company or branch subject to Law no. 4875, and meeting at least one of the following criteria (figures applicable for year 2016):
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  • Provided that the foreign shareholders hold at least TRY 1,283,974 of the capital, the company or branch registered a turnover of at least TRY 96.5 million in the most recent year.
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  • Provided that the foreign shareholders hold at least TRY 1,283,974 of the capital, the company or branch posted an export figure of at least USD 1 million in the most recent year.
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  • Provided that the foreign shareholders hold at least TRY 1,283,974 of the capital, the company or branch employs in the most recent year, at least 250 personnel registered before the Social Security Institution.
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  • Provided that, in cases where the company or the branch is to make investments, the planned minimum investment figure is at least TRY 32.1 million.
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  • Provided that the company has a foreign direct investment in at least one more country other than the country where its headquarters is located.
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“Key personnel” refers to personnel who meet at least one of the following criteria, at the legal entity located in Turkey:
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a) Persons serving as a company shareholder, chairman of the board of directors, member of the board of directors, chief executive, vice president, executive, assistant executive or similar positions, with authority or a role in at least one of the following
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  • A senior management or executive position in the company
  • Managing the whole or a part of the company
  • Auditing or controlling the work of the company auditors, or administrative or technical personnel
  • Hiring new personnel or terminating the employment of existing personnel, or making proposals concerning these issues
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b) Holding key knowledge regarding the services, research devices, techniques, or management of the company
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c) At liaison offices, a maximum of one person in whose name the authorization certificate is issued by the overseas parent company
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Charges Applicable to Work Permits for Foreigners: According to the Act of Fees no. 492, work permits to be issued to foreigners are subject to charges. In cases where the work permit application is approved by the Ministry of Labor and Social Security, the applicable charge must be deposited with reference to the term of the permit. The applicable charge figures are set each year on the basis of the revaluation rate, and announced in the Official Gazette.
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For detailed information on work permits:
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www.csgb.gov.tr
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Termination of Foreigner Employment Contract in Turkey