Menu
Contact Us

Fırat Gül

Work Permit Application: Legal Ways for Foreigners to Work in Turkey

1 Comment / Foreigners Law /

Work Permit Application: Legal Ways for Foreigners to Work in Turkey Turkey, with its dynamic economy and strategic location, is becoming an attractive work hub for talented individuals from all over the world. To work legally in Turkey, foreigners must follow specific procedures and obtain a work permit. In this article, we will generally cover the work permit application processes for foreigners in Turkey, the requirements, and points to consider. Why Is a Work Permit Important for Foreigners in Turkey? It’s mandatory for every foreign national who wants to work legally in Turkey to obtain a work permit. Working without a work permit can lead to serious legal consequences for both the foreign employee and the employer. This can include administrative fines and deportation decisions. Therefore, acting in accordance with the procedures and maintaining legal status is of great importance. What Are the Types of Work Permits? Work permits granted to foreigners in Turkey may vary depending on their working arrangements and duration of stay. The main types of work permits commonly encountered are: Temporary Work Permit: Usually granted for a period not exceeding one year, allowing work in a specific workplace or profession. Indefinite Work Permit: Can be granted to foreigners who have legally resided in Turkey for a long time and meet certain conditions. Independent Work Permit: Intended for foreigners who wish to work on their own behalf and account. Exceptional Work Permit: An permit applied for certain special circumstances or for qualified foreigners. Each permit has its own specific application conditions and required documents. How to Apply for a Work Permit? General Process Work permit applications are generally made to the Ministry of Labor and Social Security if you are in Turkey, or to the relevant Turkish representative offices if applying from abroad. The application process usually includes the following steps: Preliminary Application: If in Turkey, a preliminary application is made via e-Devlet; if applying from abroad, through consulates. Submission of Required Documents: Preparing all necessary and accurate documents requested from both the employer and the foreigner, which vary according to the type of work permit applied for. Application Approval and Payment of Fees: Payment of determined fees and other charges upon positive outcome of the application. The most crucial point to consider during the application process is that the documents are complete and up-to-date, and that the process is carried out through legal and proper channels. Essential Documents Required for Work Permit Application While the documents requested for a work permit application vary depending on the type of application and the foreigner’s situation, generally the following documents are required: Passport or document replacing a passport Residence permit (for applications made from within Turkey) Biometric photograph Employment contract Employer’s documents (tax certificate, trade registry gazette, etc.) Educational and vocational qualification documents (diploma, certificate, etc.) In addition to these, supplementary documents may be requested depending on the nature of the application. Sworn translation of documents and notary approval are also important parts of the process. Work Permit Extension Application Foreigners who wish to extend their legal stay before their current work permit expires must apply for a work permit extension. This application should generally be made starting from 60 days before the expiry of the temporary work permit and at the latest by the permit’s expiration date. The extension application is carried out similarly to the initial application, by completing the necessary documents and adhering to legal procedures. Work Permit Refusal and Appeal Process Work permit applications may be refused in some cases. Reasons for refusal can be based on various factors such as missing documents, false declaration, public order, or general health. In case of a work permit application refusal, the relevant foreigner or employer can object to the decision or file an annulment lawsuit in the administrative courts within the legal periods from the date of notification. These processes are steps that require legal knowledge and careful attention. In Summary For foreigners to work legally in Turkey, a work permit is a vital requirement. The complexity of the process highlights the importance of accessing accurate information and preparing documents completely. Obtaining up-to-date and correct information regarding work permit applications, extensions, or refusal situations is of great importance to prevent potential legal problems. Acting in accordance with the laws is fundamental to protecting the rights and obligations of both foreign employees and the institutions that employ them. To obtain accurate information regarding the necessary legal requirements, application procedures, and potential legal risks, and to manage the processes flawlessly, it is advisable to seek support from a professional specialized in foreigners’ law.

Work Permit Application: Legal Ways for Foreigners to Work in Turkey Read More »

Company Establishment in Turkey: Basic Differences Between Joint Stock Company and Limited Company

Corporate Law /

Company Establishment in Turkey: Basic Differences Between Joint Stock Company and Limited Company For entrepreneurs looking to conduct commercial activities in Turkey, one of the first steps is to choose the most suitable company type for their business model. Company establishment is a crucial process involving many legal and financial details. The most commonly preferred company types are Joint Stock Company (A.Ş.) and Limited Company (Ltd. Şti.). These two company types exhibit many differences, from establishment procedures to partnership structures, responsibilities, and taxation. In this article, after briefly touching upon the company establishment process, we will delve into the fundamental differences between Joint Stock Companies and Limited Companies, providing a general overview to help in selecting the right company type. A General Overview of the Company Establishment Process Establishing a company in Turkey generally involves the following steps: Determining the Company Type: Choosing between a Joint Stock or Limited company based on factors like the business’s field of activity, capital structure, number of partners, and liability status. Preparation of the Articles of Association: Drafting the company’s articles of association, which include fundamental information such as the company name, headquarters, purpose, capital, partners, and representatives, and creating the draft through the e-Devlet integrated MERSİS system. Registration and Announcement in the Trade Registry: Submitting the prepared articles of association along with the necessary documents to the Trade Registry Directorate for registration and announcement. Tax Office and Social Security Institution Registrations: Completing the required registration procedures with the relevant tax office and SGK after the company’s registration. Each of these processes requires legal knowledge and careful attention. However, choosing the company type is at the very beginning of this entire process and directly impacts future operations. Basic Differences Between Joint Stock Company and Limited Company (Current as of 17.06.2025) Although Joint Stock Companies and Limited Companies are capital companies regulated by the Turkish Commercial Code (TTK), there are significant structural and legal differences between them: Number of Partners: Joint Stock Company: Can be established with a single person, and there is no upper limit on the number of partners. Partners are referred to as shareholders. Limited Company: Can be established with a single person, and the maximum number of partners is 50. Partners are referred to simply as partners. Minimum Capital and Payment Method: Joint Stock Company: The minimum capital is 250,000 TL. One-quarter (1/4) of this capital must be blocked before registration, and the remainder must be paid within 24 months following the company’s registration. Limited Company: The minimum capital is 50,000 TL. It is sufficient for the capital to be paid within 24 months after the company’s registration; there is no blocking requirement at establishment. Share Transfer and Ease: Joint Stock Company: Share transfers are generally freer and can be done through securities like share certificates or temporary certificates (ilmühaber). This allows for easier attraction of investments and changes in ownership. Limited Company: Share transfers, unless otherwise stated in the articles of association, require notarization and a resolution from the board of partners, making it more difficult and formal than for a Joint Stock Company. Partners’ Liability: Joint Stock Company: Partners are liable to the company only up to the extent of the capital shares they have committed. They are not personally liable for the company’s debts. Limited Company: Partners are also liable to the company only up to the extent of the capital shares they have committed. However, partners can be held directly liable for public debts (such as taxes, SGK premiums) in proportion to their capital shares. This represents an additional area of responsibility for Limited Company partners. Organizational Structure and Management: Joint Stock Company: Its mandatory organs are the Board of Directors and the General Assembly. The Board of Directors manages and represents the company. Board members are not required to be partners. Limited Company: Its mandatory organs are the Manager or Board of Managers and the General Assembly. Managers manage and represent the company. There is no requirement for at least one manager to be a partner; they can also be appointed externally. Public Disclosure and Auditing: Joint Stock Company: Subject to greater transparency and public disclosure obligations (e.g., independent audit requirement is more common). Limited Company: Public disclosure and auditing obligations are less stringent compared to A.Ş. Independent audit requirements typically apply to Limited Companies that exceed certain criteria such as asset size, net sales revenue, and number of employees. Taxation: Both company types are subject to corporate income tax. However, differences may arise in profit distribution and some other financial transactions, as well as in the personal income tax declarations of the partners. Why Is Choosing the Right Company Type Important? The choice of company type directly impacts many factors, including the business’s future growth potential, partnership structure, financial risk tolerance, and management flexibility. Selecting the wrong company type can lead to legal and financial problems in the future. For example, a Joint Stock Company may be more suitable for a company with high growth targets that plans to go public or attract large investments, whereas a Limited Company might be more practical and less administratively complex for companies with fewer partners, family businesses, or small/medium-sized enterprises. In Summary Establishing a company in Turkey and choosing the correct company type is one of the first and most critical steps for your business’s success. Understanding the basic differences between a Joint Stock Company and a Limited Company helps entrepreneurs determine the most appropriate legal structure for their business goals and risk profile. In this critical process, to identify the legal structure best suited to the company’s needs and to complete the establishment process flawlessly, it is advisable to seek legal support from a professional specialized in company law.

Company Establishment in Turkey: Basic Differences Between Joint Stock Company and Limited Company Read More »

The Urban Transformation Process and Legal Rights: Risky Buildings and Reconciliation

Real Estate Law /

The Urban Transformation Process and Legal Rights: Risky Buildings and Reconciliation With Turkey being located in an earthquake zone and experiencing rapid urbanization, the concept of urban transformation has become an important part of our lives. The transformation of risky buildings, in particular, has become a great necessity to ensure the safety of lives and property against potential natural disasters. However, this process brings both hopes and various legal questions for property owners. In this article, we will generally cover the urban transformation process, the stages of identifying risky buildings, and the legal rights and reconciliation methods available to property owners during this process. What is Urban Transformation and Why is it Important? Urban transformation refers to the redevelopment of areas containing risky buildings or structures that have completed their economic lifespan, in a way that does not threaten life and property safety. This process involves not only the renewal of buildings but also a comprehensive transformation that includes infrastructure, social facilities, and environmental arrangements. The aim is to create safer, more livable, and modern cities. The Law No. 6306 on the “Transformation of Areas Under Disaster Risk” specifically forms the legal framework for this process. How is a Risky Building Identified? The urban transformation process usually begins with the identification of a building as “risky.” The identification of a risky building proceeds as follows: Upon Request or Ex Officio: Property owners, their representatives, or directly administrations such as the Ministry of Environment, Urbanization and Climate Change or municipalities, can apply to licensed organizations to determine if a building is risky. Inspection by Licensed Institutions: Institutions licensed by the Ministry (universities, municipalities, private companies, etc.) examine the building’s earthquake risk, its load-bearing system, and overall durability. Preparation of the Risky Building Report: If the building is found to be risky as a result of the inspection, a report is prepared and submitted to the relevant authorities. Notification to the Land Registry Directorate and Annotation: The determination of a risky building is noted in the land registry, making it public for all property owners. At this stage, property owners have the right to object to the risky building determination. An objection petition can be submitted to the relevant administration within 15 days from the date of notification. Legal Rights of Property Owners in the Urban Transformation Process After a risky building is identified, the rights of property owners and the steps they need to follow are of great importance: Demolition Process and Eviction: Buildings identified as risky must be evacuated and demolished. Property owners are given a specific period for evacuation. Buildings not evacuated within the determined period are demolished by the administration. Reconciliation Based on Land Share: After demolition, property owners must reach an agreement for the construction of a new project with at least a 2/3 majority (a simple majority may be sufficient in risky areas). This agreement typically covers issues such as the selection of a construction company, the features of the new building, apartment allocation, and so on. Sale in Case of Disagreement (Shuyulandırma): If a 2/3 majority is not achieved or if there are dissenting property owners, their land shares may be sold through an auction to other property owners or third parties. They also have the right to object to this sale. Rent Assistance and Loan Support: Property owners whose homes are demolished under urban transformation may be provided with rent assistance or interest-subsidized loan opportunities under certain conditions. These supports are managed by the Ministry of Environment, Urbanization and Climate Change. Right to Legal Support and Consultancy: Due to the complexity of the process, property owners have the right to seek legal support. Obtaining legal advice on matters such as drafting agreements, objection processes, and filing lawsuits is crucial. Reconciliation and Resolution of Disputes One of the most critical stages in urban transformation is achieving reconciliation among property owners. Reconciliation usually occurs with the signing of a contract with a contractor firm for the construction of a new project. In these contracts, details such as the construction period, apartment square meters, common areas, occupancy permit process, and delivery terms should be clearly defined. If disputes arise among property owners, solutions include: Negotiation and Mediation: Mediation can be attempted to find common ground. Litigation: If disputes cannot be resolved, legal avenues such as lawsuits for cancellation of title deeds and registration, unfair occupancy (ecrimisil) lawsuits, or administrative annulment lawsuits may be pursued. Conclusion Urban transformation is an essential process for our cities to become safer and more resilient. However, it is paramount for property owners to know their rights and take the correct steps during this process. The identification of risky buildings, reconciliation processes, legal supports, and the resolution of potential disputes are significant aspects of urban transformation. Considering the complex legal structure of urban transformation and the potential risks at every stage, it is advisable to seek support from a professional specialized in real estate law to prevent loss of rights and to manage the process effectively.

The Urban Transformation Process and Legal Rights: Risky Buildings and Reconciliation Read More »

Road Transport Law: Freight Carriage Contracts and Carrier’s Liabilities

Transportation Law /

Road Transport Law: Freight Carriage Contracts and Carrier’s Liabilities Road transport, the lifeblood of global trade and local economies, plays a key role in ensuring products and goods reach their recipients safely and on time. The legal basis for this complex process is formed by freight carriage contracts and the carrier’s liabilities arising from these contracts. In both domestic and international transport, relevant legislation and agreements clearly define the rights and obligations of the parties. In this article, we will generally discuss the fundamental elements of road freight carriage contracts, the carrier’s liabilities, and important legal regulations in this field. What is a Road Freight Carriage Contract? A freight carriage contract is a type of agreement where one party (the carrier) undertakes to transport goods from a specific location to another, and the other party (the consignor or the consignee) agrees to pay a fee in return. The Turkish Commercial Code (TTK) and international agreements regulate the validity of these contracts and the responsibilities of the parties. The main elements of the contract include: Parties: The consignor (the one arranging the transport), the carrier (the one transporting the goods), and sometimes the consignee (the recipient of the goods). Goods to be Transported: The type, quantity, weight, and characteristics of the goods. Carriage Fee (Freight): The amount to be paid for the transport service. Transport Route and Duration: Where the goods will be transported from and to, by which route, and the estimated duration. These contracts are typically documented by a consignment note or, in international transport, a CMR document (Convention on the Contract for the International Carriage of Goods by Road). What Are the Carrier’s Main Liabilities? In road transport, the carrier’s liabilities are determined by both our national legislation (Turkish Commercial Code) and internationally by the CMR Convention. The carrier’s primary responsibilities are: Liability for Carrying and Delivering Goods: The carrier is obliged to deliver the goods to the consignee specified in the consignment note or CMR document, on time, completely, and without damage. This liability generally covers the period from the moment the goods are taken over for carriage until they are delivered to the consignee. Liability for Loss or Damage: The carrier is liable for loss, damage, or delay incurred by the goods during transport. Liability for Delay: The carrier is liable for damages arising from the non-delivery of goods within the contractually agreed or reasonable time. Principle of Strict Liability (in some cases): The carrier’s liability may arise independently of fault, with certain exceptions. For example, in cases where the damage results from the inherent nature of the goods or the fault of the consignor, the carrier’s liability may be mitigated or extinguished. Principle of Limited Liability: The carrier’s liability for loss or damage is generally limited to a certain value per kilogram. This limitation is defined in the CMR Convention based on a specific SDR (Special Drawing Rights) value per kilogram. Parties can increase this limit with additional insurance. Circumstances Relieving or Reducing Carrier’s Liability The carrier is not absolutely liable in all circumstances. In some exceptional cases, the carrier’s liability may be eliminated or reduced: Consignor’s Fault: Situations such as inadequate packaging of goods, incorrect labeling, or non-compliance with loading instructions. Inherent Vice of the Goods: Goods naturally prone to spoilage, breakage, or leakage. Force Majeure: Unforeseeable and unavoidable natural disasters such as earthquakes, floods, storms, or events like war or riots. Consignee’s Fault: Failure to take delivery of the goods on time or to comply with inspection obligations. In such cases, the burden of proof generally lies with the carrier. Freight Insurance and Its Importance Due to the carrier’s limited liability, freight insurance is of great importance for both consignors and carriers. These insurances provide additional security against risks that may arise during the transport process and help cover potential damages. CMR insurance specifically covers the carrier’s liabilities under the CMR Convention. Conclusion Road transport is an indispensable part of modern commercial life. Preventing potential legal problems in this process is possible by knowing the rights and obligations of the parties correctly and carefully reviewing freight carriage contracts. The carrier’s liabilities are defined within certain limits by both national and international regulations. Given the dynamic nature of legislation in this field and the potential for each specific case to differ, it is advisable to seek legal support from a professional specialized in transport law to prevent potential loss of rights and to manage legal processes correctly.

Road Transport Law: Freight Carriage Contracts and Carrier’s Liabilities Read More »

By Your Side Through Every Step of the Legal Process