Applications to be made domestically;

Article 7- Only foreigners or their employers who have received a residence permit for at least six months and whose term has not expired may apply directly to the Ministry.

(Additional Sentence: RG-28/4/2011-27918)
The documents required for the application must be submitted to the Ministry within six working days following the electronic application.

Except for residence permits given for educational purposes in Turkey, the foreigners who are given residence permit for 6 months for any reason and who also has the permission to work within this period are not liable to obtain work visa through Turkey’s foreign representatives.

However, foreigners who will work in fields that are or might be subject to human trafficking are liable to obtain work permit every time from our foreign representatives notwithstanding their residence in Turkey for 6 months. Work permit applications are not submitted domestically for foreigners who do not have a residence permit and has come to Turkey with touristic visas or visas other than work visas or through a visa exemption program between two countries or other visa programs.

(Additional Paragraph: RG-21/1/2010-27469)  Foreigners who have been granted refugee or asylum seeker status by the Ministry of Internal Affairs are not subject to a specific residence period. The necessary measures are taken to finalize the work permit transactions immediately when evaluating the work permit requests of people with these statuses notwithstanding the provisions of paragraph 4 of Article 13 of the Regulation. (Additional Paragraph: RG-21/1/2010-27469)

In the case where work permit applications submitted domestically are finalized positively, it is obligatory to apply to the security units within 30 days following the declaration of the work permit to obtain the work annotated residence permit. Otherwise, the work permit will not become valid.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

How to cancel the work permit of a foreigner when s/he becomes a Turkish citizen? Is it possible to cancel SSI after the cancellation of the work permit? Would it be enough to apply to the institution without canceling SSI?

The employer of the foreigner who has work permit may apply online to cancel it. The employer may also apply to our Ministry with a petition that contains an original signature.

The identification card of the employee showing their Turkish citizen status is also needed at this stage. SSI of the foreigner should also be canceled following the cancellation of the work permit.

Source: Ministry of Labor and Social Security
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

One of our employees passed away due to an accident that happened when he was coming to work in our company car. As his dependants, his spouse and 2 children will be made the necessary payments out of our employer’s liability insurance and traffic insurance. We also paid the severance pay and death indemnity of the employee to his dependants.

What I would like to ask is that we want to pay his 2 children until 18 and we want to pay them a certain amount monthly if they continue their education until 25.

It is stated in our employment legislation that the children and dependents of an employee who passed away due to work accident may be provided benefits this way. Is it possible to recognize it as an expense within proportion to the employee’s fault in accordance with Paragraph 3 of Article 40 of Income Tax Law? Or is it a non-tax-deductible expense (KKEG)? Should there be a tax cut during the payment to the dependant’s account?

The payments are booked as KKEG.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

Law on Work Permit for Foreigners numbered 4817 that regulates the principles and procedures regarding the work permit for foreigners in Turkey entered into force on 06.09.2003 following its publication on Official Gazette numbered 25040 and dated 06.03.2003.

In accordance with Article 5 of the Law, work permits for a definite period are given based on the duration of the foreigner’s residence permit, duration of the service contract or work and to be employed in a specific workplace or business.

In accordance with Article 7 of Regulation of the Law; except for the residence permits for education purposes, foreigners who have residence permits at least for 6 months for any purpose and whose permit has not expired can apply for a work permit directly to the Ministry of Labor and Social Security in Turkey. Otherwise, the foreigner can apply for work permit abroad through the Turkish Republic representative offices.

Source: YOİK
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

Law numbered 4817 includes foreigners working dependently or independently in Turkey, foreigners taking vocational education from an employer and real and legal persons employing foreigners.

In accordance with the Law, the following persons are excluded;

• People who were born in Turkey but renounced their citizenship with the decision of Council of Ministers,
• Correspondents to be employed according to Press Law,
• Members of foreign media organs,
• Work permit holders or people that are employed by ministries or state institutions or organizations according to law,
• Foreigners that are exempt from work permit by way of considering the principle of reciprocity, international law and European Union Law.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

There are 3 types of work permits.

1- Temporary Work Permit

Unless otherwise provided in the bilateral and multilateral agreements that Turkey is a party of, the work permit is provided for a year at most depending on the situation of the labor market, developments in the business life, the sectorial and cyclical changes regarding employment, the period of the residence permit and employment contract of the foreigner.

After a year, this period may be extended up to 3 years upon request on condition that the employment is in the same profession and employer. Following the completion of the 3-year period, it may be extended up to 6 years on condition that the employment is in the same profession (the employer may be different this time.)

2- Permanent Work Permit

Permanent work permits, unless otherwise stipulated by bilateral or multilateral agreements, are granted to foreigners who have been in Turkey as legal residents for at least eight years without interruption and as worker for at least six years, without considering the situation of the labor market, developments in the business life and being limited to a specific business, profession, landed property or a geographical area.

3- Independent Work Permit

Foreigners to work independently are given work permit on condition that they have been legal workers and residing in Turkey without interruption for 5 years.

Work permits in exceptional situations; Unless otherwise provided in the bilateral and multilateral agreements that Turkey is a party of, the foreigners listed in Article 8 of Law numbered 4817 are given work permit without being subject to the periods stated in the Law.

Source: Yoik
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

About foreign board members obtaining a work permit.

QUESTION         

Inc. with 3 partners
2 partners are foreign
1 partner is Turkish

All shares are transferred to one of the partners.
The number of board members is dropped to a single person.

This foreign person have also become the chairman of the board.
Is this person required to obtain a work permit?

(13.11.2018 11:56)

ANSWER

It is evaluated that board members in incorporated companies are not required to obtain work permit and that in the case of working de facto and residing in our country continuously, it is beneficial for these members to get certificate of residence and work permit certificate.

Source: SSI
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

You have to hand in the statement of employment in the SSI that Datça Marina is affiliated. Or else, because of the change in the address, you might be subject to the provisions of Identity Notification Law.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

For statement of employment of an insured employee who is being transferred, it should be completed through the ‘’Social insurant who is working at the other branch which is registered by the same or another insurance department /provincial insurance department the same employer through transfer and  before the termination of their service contract’’ option in the Exceptional Case Declaration Table.

‘’16-Transfer’’ option in the employment termination declaration segment must be used when declaring the insured employee’s employment termination through transfer. To make a transfer between different workplaces of the same employer, I.D numbers of the authorized people of the workplaces or Tax I.D’s of legal persons must be the same. If not, or if the information are not up to date, the system will impose a administrative fine on the employer.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

The company stated they took this strategical decision as they expect ‘extraordinarily difficult challenges’.

The Wall  Street Journal declared that the company is vulnerable to setbacks after reviewing the internal financial documents.

The failed- rocket launch in 2015 caused the company quarter-billion dollar annual loss and a 6 percent drop in revenue.

Again in 2016, the expoliton of another rocket resulted in the destruction of a $200 million communications satellite on board.

Musk is criticized for acting too fast in the complex industry.

The California-based company aims to make a revolution in space travel and colonize Mars.

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.