WORK PERMIT EXEMPTION CERTIFICATE REQUIRED FOR BUSINESS LICENSE
The workplaces which will be opened and operated in Türkiye are subject to the Regulation on Business and Operating Licenses (in Turkish, “İşyeri Açma ve Çalışma Ruhsatlarına İlişkin Yönetmelik”, the “Regulation”), published in the Official Gazette dated 10 August 2015 and numbered 25902. As foreseen in the Regulation, in order for a workplace to become operative in Türkiye, a business license shall be duly obtained from the affiliated municipality or other administrations (in Turkish, “belediye/ “il özel idareleri”).
The Regulation determines the required documents and information regarding the workplace during the application for a license. In addition, in terms of foreign nationals operating the workplace, the Article 5 and paragraph I of the Regulation ensures the compliance with the provisions of the legislation regarding such foreigners.
In accordance with the International Labor Force Law Numbered 6735 (in Turkish, “Uluslararası İşgücü Kanunu”) published in the Official Gazette 13 August 2016 and numbered 29800 and the Regulation on the Implementation of International Labor Force Law (in Turkish, “Uluslararası İşgücü Kanunu Uygulama Yönetmeliği”, the “Implementation Regulation”) published in the Official Gazette 2 February 2022 and numbered 31738, which are the legislation referred to in the Regulation for foreign nationals, those who appear to be working within the workplace operating in Türkiye and are foreign nationals shall be subject to a work permit. Accordingly, the relevant municipalities/other administrations may request a work permit for the said foreigners during the application process for business license.
Besides, it is foreseen in the Article 48 subclause (ç) of the Implementation Regulation that certain foreign individuals shall be exempted from work permit, including but not limited to:
- For joint stock companies, the members of the board of directors who do not reside in Türkiye,
- For limited liability companies and other companies, the shareholders who do not have the title of manager in the sense of management and,
- For limited liability companies and other companies, the foreigners who are not shareholders but are authorized to represent and bind the company at the highest management level and do not reside and work in Türkiye
will be considered within the scope of work permit exemption.
In this regard, the above listed foreign individuals will be considered within the scope of the work permit exemption based on the Article 48 subclause (ç) of the Regulation on the Implementation of International Labor Force Law and accordingly, they may apply to the Ministry of Labor and Social Security to obtain a formal letter stating that they do not require to obtain a work permit.
This formal letter issued by the Ministry of Labor and Social Security shall be submitted to the competent municipality (or other competent administration) during the business license application, if requested.
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