Tourism is foremost among the areas in which foreign labour is most intensively needed. The legislation has nevertheless not permitted every business operating in tourism regions to employ foreign nationals; it has drawn a considerably narrow framework in terms both of the nature of the establishment and of the position to be filled. The tourism sector work permit is a special type of permit applied for by employers falling within that framework and by the foreign nationals who are to work for them.
The difficulty encountered in practice arises from the fact that the grounds on which the permit is refused relate for the most part not to substance but to detail. Falling somewhat below the capital threshold, an insufficient number of Turkish employees on the list of insured employees, or the omission of a clause that must appear in the employment contract may render the entire application fruitless.
In this briefing note we assess in turn the criteria required for the employment of foreign staff in the field of tourism, the operation of the electronic application process, the documents to be submitted, the mandatory elements of the employment contract, the minimum wage thresholds, the extension of the permit period and the legal remedies available against a refusal decision.
Tourism Businesses That May Employ Foreign Staff
The Ministry of Labour and Social Security has determined in a limited manner which establishments in the field of tourism may employ foreign nationals. Three groups of business fall within that scope:
- Thermal hotels licensed to operate by the official authorities, together with tourism businesses of at least three stars holding a certificate from the Ministry of Culture and Tourism and certified holiday villages — it must be established that a licensed massage parlour exists within them,
- Certified tourism businesses housing Turkish baths, saunas, SPAs and similar complexes, together with contracted businesses that have entered into a contractual relationship with such establishments,
- Sports centres operating with official authorisation and having at least twenty Turkish citizens on their staff.
The right of these establishments to request a permit is not unlimited either. The workplaces listed may employ foreign staff only for positions requiring craftsmanship or expertise, such as masseur, masseuse and SPA therapist.
Numerical Thresholds the Business Must Satisfy
Falling within the scope in terms of the nature of the establishment is not sufficient on its own; the applicant business must also show that it satisfies the criteria prescribed under the headings of employment, capital, shareholding and wages.
- Employment balance: At least 5 Turkish citizens must be employed for each foreign national to be employed at the workplace. As regards foreign nationals to be assigned to work requiring expertise and craftsmanship in tourism animation and organisation firms, that ratio is not applied where at least 10 Turkish citizens work at the workplace.
- Financial capacity: The paid-up capital of the business must be at least TRY 100,000; where that criterion is not satisfied, its gross sales figure must be at least TRY 800,000 or its export figure for the last year at least USD 250,000.
- Shareholding: Where the foreign national in respect of whom the permit is requested is at the same time a shareholder in the company, the share held must reach both a proportion of 20% and a value of TRY 40,000.
- Wage level: The wage agreed in the employment contract signed between the parties may not fall below the minimum amount fixed for foreign nationals working in the field of tourism.
Businesses satisfying all of these criteria may request a work permit on behalf of the foreign nationals they are to employ.
How Is the Application Made?
The tourism sector work permit is obtained through the e-permit application operated electronically. The application is made not by the foreign national but by the employer acting on his or her behalf.
The method of accessing the system varies according to where the foreign national is located. For a foreign national abroad, the reference number issued following the work visa application made to the Turkish diplomatic missions is used. Where the foreign national is already in Türkiye, the foreign identity number is taken as the basis; where there is no such number, the passport details are used.
In order for the employer to access the system, it must have an electronic signature and a registered electronic mail (KEP) address. Once the application has been entered, the application form containing questions on the personal data of the foreign national and the position of the workplace is completed.
Once the form has been completed, it is the turn of the documents to be uploaded. The documents are transferred to the system in pdf format; documents that cannot be obtained electronically must first be scanned and converted into pdf.
Where the application is met favourably, information on the work permit fee and the valuable paper charge to be paid is sent to the electronic mail address registered for the employer in the system. The amounts concerned must be paid into the bank accounts indicated within 30 days of that notification.
A further obligation of the employer is the social security notification. Taking as a basis the wage set out in the foreign national’s employment contract, notification is made to the Social Security Institution on the basis of 30 days per month. That step must likewise be completed within the 30-day period running from the communication of the decision of acceptance to the employer.
In files where the foreign national arrives from abroad, a further obligation arises: a foreign national who enters Türkiye after the permit has been granted must register his or her address with the civil registry directorate within 20 days of the date of entry.
Documents to Be Submitted With the Application
The documents that must appear in a tourism sector work permit file may be gathered into two groups: documents relating to the employer and documents relating to the foreign national.
The documents to be prepared by the employer are as follows: a petition requesting the work permit addressed to the Ministry of Labour and Social Security; the employment contract signed between the parties; the investment and operating certificate obtained from the Ministry of Culture and Tourism; the certificate of activity issued by that same Ministry (or, where the business holds no such certificate, a petition explaining that situation); the balance sheet and profit and loss statement for the last year, certified by the tax office or by a sworn certified public accountant; the list of insured employees showing all staff working in the undertaking; a copy of the Trade Registry Gazette showing the current capital structure and shareholding position of the business; and, where the application is made on behalf of the employer through a representative, a copy of the power of attorney.
Particular attention should also be paid to the function of the list of insured employees. Since both Turkish and foreign employees appear on the list, it is by means of that document that it is verified whether at least five Turkish citizens are employed for each foreign national.
The documents to be submitted in respect of the foreign national are the passport or a document taking the place of a passport, the diploma or graduation certificate with a sworn translation certified by a notary, the residence permit document where the foreign national resides in Türkiye, and a letter of reference.
Documents obtained from abroad must be produced together with a Turkish translation and notarial certification. Where a document is missing from the file, the administration affords the employer a period in which to make good the deficiency; if the deficiency is not remedied within the period afforded, the application is refused.
Mandatory Elements Required in the Employment Contract
The grant of a work permit in the tourism sector depends on the contract between the parties having a particular content and form. The principal points examined in practice are as follows:
- The contract must be drawn up in written form.
- The full name and signature of the employer and of the foreign employee must appear on each page.
- The trade name, tax number and workplace address of the employer must be expressly set out in the contract.
- It must be apparent that the foreign employee has been informed in writing of the rights he or she holds.
- The text must indicate the 112 Emergency Assistance line and the 170 line of the Ministry of Labour and Social Security, so that the foreign national may obtain support by telephone when needed.
- The work the foreign national is to perform must be defined in a manner leaving no room for doubt.
- The date of commencement of work and the address at which the work is to be performed must be fixed in the contract or at the least be ascertainable.
- The wage to be paid must be agreed definitively and must not fall below the minimum amount prescribed by the Ministry for foreign nationals.
The absence of any one of these elements renders the contract invalid and directly results in refusal of the work permit. In order to eliminate that risk, it is important that the contract be drawn up by a lawyer practising in the field of immigration law.
The Lowest Wage Payable to Foreign Staff
The floor wage for foreign staff to be employed in the tourism sector has been fixed at the level of one minimum wage; that corresponds to TRY 13,414.50 gross and TRY 11,402.32 net. Those amounts are determined by the Ministry of Labour and Social Security and are updated each year by applying the revaluation rate.
In some positions the threshold is doubled. The amount prescribed for persons to be employed under titles such as acrobat in tourism animation and organisation companies is two minimum wages, that is to say TRY 26,829. As regards foreign nationals to work in occupations such as masseur, masseuse and SPA therapist, the wage agreed must likewise not fall below TRY 26,829.
Time for the Application to Be Concluded
A request for a tourism sector work permit is decided, favourably or unfavourably, within 30 days of the completion of the application. The absence of a decision within that period amounts to an implied refusal.
Where, however, a deficiency is identified in the documents uploaded to the system, the administration has the power to afford the applicant employer additional time to make good that deficiency. In such a case the conclusion of the application is naturally delayed.
Refusal of the Application
A refusal decision arises for the most part from three grounds: failure to satisfy the criteria required, failure to remedy a deficiency in the documents within the period afforded, and the employment contract not having been drawn up in conformity with the conditions prescribed.
In addition, the Ministry of Labour and Social Security may also refuse a request that it considers incompatible with international labour force policy. In that respect a considerably broad margin of discretion has been afforded to the Ministry.
Where a foreign national whose request has been refused holds no valid visa or residence permit, he or she must leave the country within 10 days. Those wishing to continue to remain in Türkiye must pursue legal remedies against the refusal decision.
Objection and Action for Annulment Against a Refusal Decision
Where a work permit request is refused, the right of objection and of an action for annulment is afforded not only to the foreign national but also to the employer who made the application. Both parties may pursue these remedies.
The objection is made through the e-permit application within 30 days of the date on which the refusal decision was notified. The petition of objection must be scanned and uploaded to the system in pdf format.
Where the objection is refused, an action for annulment may be brought before the Ankara administrative courts; equally, an action may be brought directly without having recourse to the objection procedure at all.
The procedure to be followed against refusal decisions in the field of tourism is the same, in terms of process and time limits, as that applicable to refusal decisions in the other types of work permit. The details of the matter are addressed in the study entitled "refusal of a work permit application".
The Possibility of Reapplying After a Refusal
There is no obstacle to a foreign national whose request has been refused making a fresh application. What is decisive here is that the deficiencies constituting the ground of refusal in the first file have been remedied. A second application made with the same deficiencies will likewise be refused.
Moreover, refusal of a tourism sector permit does not extinguish the right to apply for the other types of work permit. In that case the conditions particular to whichever permit is pursued must be satisfied. All the permit types prescribed for foreign employees are explained in the study entitled "how a foreign work permit is obtained".
Extension of the Permit
An extension application may be made by the employer through the e-permit system as from 60 days before the expiry of the existing work permit. Extension requests submitted after the expiry of the permit period are not accepted.
An extension request not made within time will be refused, and the fact that the work permit criteria are no longer satisfied likewise constitutes a ground of refusal. It is also possible to object and to bring an action for annulment against the refusal of an extension request; those remedies are subject to the same procedure and time limits as apply to the initial application.
Answers to other questions concerning extension applications are set out in the study entitled "work permit extension".
Objection and Action for Annulment Against the Refusal of an Extension Request
Where an extension request is refused, those concerned may object within 30 days of the notification of the refusal decision to them; they may also bring an action for annulment within the period for bringing administrative proceedings.
The objection is submitted through the e-permit application, as in the case of refusal of the initial application. In an objection made through the system the petition must be scanned and uploaded in pdf format. A foreign national whose objection is refused, or whose objection receives no response at all, acquires the right to bring an action for annulment.
The legal remedies available upon refusal of an extension request, the form of application and the time limits coincide with the procedure applied upon refusal of the initial application.
May the Foreign National Continue Working While the Application Is Being Assessed?
It is possible for foreign staff to continue working while an extension request is under examination. The condition for this is that the extension application has been made within time and in due form. Work continued in this way may not exceed 90 days; where the extension request is refused, the work becomes unlawful.
Where the foreign national continues to be employed during that period, the employer’s obligation to pay the insurance premiums in full continues. The employer may, if it wishes, request that the foreign national be issued with an extension application certificate, which is issued free of charge; obtaining that document is not, however, compulsory for work to continue.
Fees and Costs
For 2023 the tourism sector work permit fee is applied at TRY 4,635.30 for each year for which a permit is requested. The valuable paper charge is fixed at TRY 356. The fee prescribed for an indefinite work permit is TRY 46,371.30.
The Independent Legal Assessment
The tourism sector work permit is one of the most minutely regulated permit headings in the legislation. Since the criteria relating to the nature of the establishment, to employment ratios and to financial thresholds must all be satisfied together, applications that focus on only one aspect of the file most often prove fruitless. The strict conditions prescribed for the validity of the employment contract are also capable of constituting a ground of refusal on their own.
For that reason, planning the process before the application is far more effective than attempting to make good the position after a refusal decision. In a concrete file we recommend that the following headings be verified in advance:
- Establishing by documentary evidence whether the establishment falls among the groups of business permitted to employ foreign nationals
- Verifying by means of the list of insured employees that the employment ratio is in fact satisfied as at the date of the application
- Choosing which of the capital, gross sales or export thresholds is to be relied upon and preparing the financial documents accordingly
- Checking the employment contract clause by clause against the mandatory elements and agreeing the wage above the relevant floor amount
- Setting the extension timetable in motion 60 days before the expiry of the permit period and not missing the deadline
- Following the 30-day objection period and the period for bringing administrative proceedings together in the event of a refusal
Independent Legal provides advisory and litigation services in the field of immigration law, from the preparation of application files concerning the employment of foreign staff in tourism businesses through to the objection and annulment proceedings to be conducted against refusal decisions.