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Consequences of Working Without a Work Permit

Working in Türkiye Without a Work Permit

In Turkey, foreigners are required to obtain a work permit. This requirement the International Workforce Law No. 6735. According to the law, a foreign national must first possess a work permit issued by the Ministry of Labor and Social Security in order to work in any job in Turkey.

However, in practice, it is observed that some foreigners work without work permits or that some employers do not follow legal procedures in the process of employing foreign workers. This situation leads to serious legal consequences for both the foreign employee and the employer.

Working without a work permit is a legal violation that can result not only in administrative fines but also in deportation, entry bans, and severe financial penalties for the employer


Work Permit Requirement in Türkiye

The basic principle regarding the employment of foreigners in Türkiye is as follows:

"Foreigners are required to obtain a work permit in order to work in Türkiye."

This rule applies not only to full-time employees but also to:

  • part-time employees

  • foreign interns

  • freelancers

  • people who provide consulting services

It can also include.

Therefore, a work permit is required for a foreign national to engage in any income-generating activity in Türkiye.


The Legal Nature of Working Without a Work Permit

Working without a work permit is considered an administrative violation . However, in some cases, this violation can have more serious consequences under immigration law

The penalties can be particularly severe in the following situations:

  • informal work

  • use of forged documents

  • employment of illegal immigrants

  • systematic employment of foreigners

In such cases, sanctions can be applied both under administrative law and immigration law.


Implications for Foreign Workers

Various penalties are предусмотре for foreigners working without a work permit.

Administrative Fine

Foreign nationals working without a work permit are subject to administrative fines. These fines are determined annually.

Fines are generally imposed in the following situations:

  • lack of work permit

  • the permit has expired

  • working at a different workplace


Deportation

Foreign nationals working without a work permit to deportation .

According to Law No. 6458 on Foreigners and International Protection, deportation of foreigners is possible in certain circumstances.

For example:

  • illegal work

  • visa violation

  • posing a risk to public order

In such cases, deportation proceedings may be initiated.


Entry Ban to Türkiye

Foreign nationals who are deported are often from entering Turkey .

The entry ban period is usually:

  • 1 year

  • 3 years

  • 5 years

It varies between them.

This situation may result in the foreigner being unable to re-enter Türkiye for an extended period.


Consequences for the Employer

Employing foreigners without work permits also results in serious penalties for employers.

Administrative Fine

Employers who hire foreign workers are subject to hefty administrative fines.

This penalty applies separately to each foreign employee.

Therefore, the penalty can be quite high if a large number of foreign workers are employed.


Social Security Institution Obligations

Employers who hire foreign workers without insurance may also outstanding social security premium debts and late payment penalties .

This situation can create a significant financial burden for employers.


Audits and Business Risks

Employing foreigners without work permits also increases the risk of workplace inspections.

Inspections can be carried out particularly by the following institutions:

  • Ministry of Labor and Social Security

  • Migration Administration

  • Social Security Institution inspectors

  • law enforcement

As a result of the inspections, administrative sanctions may be applied against the employer.


Most Common Illegal Workplaces

In practice, the sectors where foreigners are most frequently employed without work permits are as follows:

  • restaurant and cafe sector

  • tourism sector

  • textile industry

  • construction industry

  • house services

Inspections in these sectors are carried out very strictly.


Risks of Working Without a Work Permit from an Immigration Law Perspective

In terms of immigration law, working without a work permit is not only an administrative penalty but also a situation that affects immigration status.

For example:

  • Residence permit may be revoked

  • A deportation order may be issued

  • Future applications may be rejected

Therefore, working without a work permit can have very serious long-term consequences.


Legal Remedies

In some cases, decisions made due to working without a work permit can be legally challenged.

Administrative appeal

In some cases, it is possible to appeal against administrative decisions.

Cancellation lawsuit

If a deportation order is issued, it is possible to file an appeal for annulment in the administrative court.

The deportation process may be halted if the court issues a stay of execution order.


Legal Measures for Employers

Employers need to take certain legal precautions to avoid facing these risks.

The following points are particularly important:

  • correctly submitting a work permit application

  • Maintaining accurate social security records

  • checking the status of foreign workers

  • tracking leave periods

These measures significantly reduce the employer's legal risks.


Conclusion

In Türkiye, employing foreigners without a work permit leads to serious legal consequences for both the foreign employee and the employer. Administrative fines, the risk of deportation, and entry bans are among the most significant consequences of this violation.

Therefore, it is crucial for employers who hire foreign workers to comply with legal procedures and to properly manage the work permit processes.

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