Especially in recent years, with the increase in immigration from our country to foreign countries for employment purposes, the number of recruiting workers from our country and sending them by the companies here is increasing day by day, both for companies established by Turkish citizens and others. In this bulletin, we have examined the terms and procedures for employment of Turkish citizens abroad within the framework of the "Overseas Employment Regulation".
What is the “Overseas Employment Regulation”?
If a Turkish worker is desired to be sent abroad, it will be determined whether there is a bilateral labor agreement between Turkey and the country where the work will be carried out. In the case of an agreement, if a special arrangement has been made in this agreement regarding the methods by which the worker will be sent abroad, the worker will be sent abroad in accordance with this special procedure. However, in the absence of such an agreement, the process will have to be carried out on the basis of the "Overseas Employment Regulation".
What are the responsibilities of the employer who wants to send workers abroad in accordance with the regulation?
If companies want to send workers abroad, they must provide employment through private overseas employment offices authorized by the Turkish Employment Agency.
At the same time, the employer who wants to send workers abroad must submit the following documents to the provincial organization units of the Turkish Employment Agency, in accordance with Article 5 of the relevant Regulation:
- For Turkish companies, a copy of the trade registry gazette, for foreign companies, a copy of the establishment document approved by the authorized unit or its Turkish translation made by sworn translation offices
- A letter from the authorized unit in the country where the job was taken or the authorized Public Institution in Turkey for the contracting works or the Job Receipt Document; Letter to be obtained from the authorized unit stating the number of workers to be employed in the workplace for works other than contracting works or a Certificate of Appropriate Opinion,
- Foreign Contracting Certificate or Foreign Temporary Contracting Certificate obtained from the Ministry of Environment and Urbanization,
- For Turkish companies, the document stating that workers provide social security in accordance with the provisions of the social security legislation in force in Turkey,
- Notarized signature circular of company officials, in cases where transactions will be made through a proxy, the original of the power of attorney or authorization document, or a copy to be approved by the Turkish Employment Agency after the original is seen,
-For the workers to be taken abroad by Turkish companies within the scope of the principal employer-subcontractor relationship, the petition of the principal employer who took the job to transfer the job and the subcontractor agreement.
After all these documents are submitted to the Turkish Employment Agency, the employment contract between the employee and the employer will also need to be approved by the Turkish Employment Agency.
As we mentioned above, Turkish or foreign employers who want to send workers abroad from Turkey, if there is no special bilateral agreement between Turkey and the country they want to send, will have to fulfill these conditions, which we have listed in accordance with the Regulation, and then start the overseas employment process.
Ünal § Partners Legal Team
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