The detection in Türkiye of a foreign national employed without a work permit does not result in a single sanction. Following the inspection, separate administrative fines are issued against both the foreign employee and the employer who engaged that person. Nor does the position stop there so far as the foreign national is concerned; the person is reported to the Ministry of the Interior with a view to deportation.
In this briefing note we assess the financial consequences of the unauthorised employment of foreign nationals as they bear on the employer and the employee, the exceptional categories for which no work permit is required, the operation of the deportation process and the legal remedies available against the administrative fine and the deportation decision.
The Legal Framework of the Sanction
The basis for the sanctions relating to the unauthorised employment of foreign nationals is the International Labour Force Act No. 6735. The Act subjects the foreign national working without a permit and the employer who engages that person to separate administrative fines; it further provides for the foreign national found to be working without a permit to be reported to the Ministry of the Interior with a view to deportation.
The application of the sanction depends first of all on a finding. The permit status of foreign nationals working in Türkiye is inspected by the inspectors and supervisors of the Ministry of Labour and Social Security. Apart from this, where law enforcement bodies encounter a foreign national working without a permit during the inspections, checks and audits they carry out under their own legislation, they are obliged to report the situation to the Ministry.
Fines Imposed on the Employer
A workplace employing foreign nationals without a permit is fined TRY 35,815 for 2023. That amount is not an aggregate sanction; it is calculated separately for each foreign national employed without a permit. If, for example, it is established that three foreign nationals are employed without a permit at a workplace, the fine is applied as TRY 107,445. Where the same foreign national continues to be employed without a permit after the fine has been notified, the amount is doubled.
The employer’s obligation is not limited to obtaining a permit. Where the foreign employee starts work, ceases work, or a situation arises requiring cancellation of the work permit, that change must be notified to the relevant institution within 15 days. Breach of the notification obligation gives rise, for the employer, to an administrative fine of TRY 2,378 for 2023.
Please note: the liability of an employer who employs foreign nationals without a permit does not end with the fine. The employer must also bear the accommodation costs of the foreign national and, where applicable, of his or her spouse and children, the expenses necessary for their return to their own country and, where required, their medical expenses.
Fines Imposed on the Foreign Employee
An administrative fine is imposed on a foreign national found to be working without a permit, and that person is reported to the Ministry of the Interior with a view to deportation.
The amount of the fine varies according to the manner of working. An administrative fine of TRY 14,319 is prescribed for a foreign national working without a permit under an employer, and TRY 28,655 for a foreign national working without a permit on an independent basis. Since the notification obligation does not rest with the employer alone, a foreign employee who breaches that obligation also faces a fine of TRY 2,378.
Where a foreign national continues to work without a permit despite having previously been penalised on the same ground, the fine is applied at double the amount. In the case of foreign nationals working independently, a further consequence arises in addition to the fine: the workplace, if any, is closed.
The figures set out above relate to 2023 and are redetermined each year by the Ministry of Labour and Social Security.
These foreign nationals must leave the country within 10 days of the date on which the absence of a work permit was established. If they do not depart within that period, deportation proceedings are additionally initiated against them on the ground of unauthorised work. In such a situation, preventing deportation depends on bringing the action for annulment explained below.
Foreign Nationals for Whom No Work Permit Is Required
Not every foreign national needs to obtain a separate permit in order to work. Holders of a work permit exemption certificate, holders of a Turquoise Card and Blue Card holders are assessed within this scope. Work performed by a person holding one of these documents is not treated as unauthorised employment and does not give rise to an administrative fine.
The work permit exemption certificate is a type of permit that may be requested by the persons enumerated in Article 48 of the Regulation on the Implementation of the International Labour Force Act. By virtue of this certificate, foreign nationals may work and reside in Türkiye and make multiple entries to and exits from the country even without a work permit. To whom the exemption certificate is issued, the conditions for it and the documents required are addressed in detail in the study entitled “work permit exemption”.
The Turquoise Card grants indefinite residence and work rights to persons regarded as privileged by reason of their qualified labour status, their professional experience or the contribution they will make to Türkiye. The card also confers an indefinite right of residence on the holder’s spouse and on children who have not yet reached the age of 18 or who are in need of special care. The procedure and conditions for obtaining this card are examined in the study entitled “Turquoise Card”.
The Blue Card, by contrast, is issued upon request to persons who acquired Turkish citizenship by birth and subsequently left that citizenship by obtaining a renunciation permit. Blue Card holders likewise do not need to obtain a separate permit in order to work.
Legal Remedies Against the Administrative Fine and the Deportation Decision
Since an administrative fine is issued against both the employer and the foreign employee on account of unauthorised employment, the right of objection arises separately for each party. Under Article 27 of the Misdemeanours Act No. 5326, an application may be made by petition to the Criminal Judgeship of Peace against an administrative fine within 15 days of the fine being notified to the person concerned.
Since the decision becomes final once that period has elapsed, making the application in time is decisive. Objections directed against administrative fines arising from breach of the notification obligation are subject to the same procedure and principles.
So far as the foreign employee is concerned, the process is not confined to the administrative fine; because the person has been found to be working without a permit, he or she is reported to the Ministry of the Interior with a view to deportation. Where a deportation decision is issued, an action for annulment must be brought against that decision. This is because the action for annulment is the only legal tool capable of halting the deportation proceedings that have been initiated.
The action is brought within 7 days of notification of the decision, before the administrative court of the place where the governorship that issued the deportation decision is located.
There is a point here that is frequently overlooked in practice: if the deportation formalities are completed, the foreign national may be removed from the country without waiting for the 7-day period for bringing an action to expire. The court route must therefore be taken without delay following notification of the decision.
The procedure for the action for annulment to be brought against a deportation decision and the consequences it gives rise to are examined in full in the study entitled “how is a deportation decision lifted?”.
Independent Legal Assessment
The unauthorised employment of foreign nationals often creates a picture that is more costly for the employer than it appears. Since the administrative fine imposed is calculated separately for each employee, the amount multiplies rapidly; to this is added the obligation to meet accommodation, return and medical expenses. For the foreign national, on the other hand, far more serious consequences arise alongside the fine, such as removal from the country and adverse effects on future entry requests.
For this reason, when a sanction is encountered, two separate timetables must be managed together: the 15-day period allowed for objecting to the administrative fine and the 7-day period allowed for bringing an action against the deportation decision run independently of one another and are directed to different authorities.
In a specific file the following matters should be prioritised in particular:
- Examining the content of the inspection report and whether an employment relationship was in fact established
- Checking whether the foreign national falls within the scope of an exemption certificate, a Turquoise Card or a Blue Card
- Verifying whether the fine has been correctly calculated by reference to the number of persons employed without a permit
- Monitoring the 15-day period allowed for an application to the Criminal Judgeship of Peace by reference to the date of notification
- Where a deportation decision has been issued, bringing the action for annulment immediately rather than waiting out the 7-day period
- Reviewing the records relating to the employer’s notification obligation so as to eliminate the risk of an additional fine
Independent Legal provides legal advice and litigation support to employers and foreign employees in objections to administrative fines arising from the employment of foreign personnel and in proceedings for the annulment of deportation decisions.