It is obligatory to obtain a work permit before starting to work in Turkey for foreigners who are going to work in Turkey. Foreigners who obtain work permits or work permit exemptions and employers who employ foreigners are obliged to fulfill their obligations arising from the social security legislation within the legal period in accordance with the provisions of the Social Insurance and General Health Insurance Law No. 5510 (“Law”). It is necessary to divide the insurance status of foreign personnel into two:
According to the Law, except for those who are nationals of countries with which an international social security agreement has been concluded on the basis of reciprocity, those who work with a service contract from foreign nationals are considered insured. The provisions of the social security agreements to which Turkey is a party are reserved.
Persons who are sent to Turkey for a temporary job by a foreign organization and certify that they are subject to social insurance in the foreign country, and those who work independently in Turkey on their own behalf and account, residing abroad and subject to the social security legislation of that country are not considered insured.
According to the Regulation on Social Insurance Transactions, foreign personnel who are deemed insured; Notifications made to the Social Security Institution within 30 days from the start date of the permit in the work permit document or within 30 days from the date of notification of the work permit to the employer if the date of notification of the work permit to the employer and the date of the work permit are different, are deemed to have been made in due time. In the light of this information, the insurance procedures and notifications of the foreign personnel deemed to be insured should be made meticulously.
In addition, in accordance with the International Labor Law, the amount of monthly wages declared to be paid to the foreigner by the employer must be at a level compatible with the foreigner’s duties and competence, and different wage tariffs have been determined. For example;
-6.5 times the minimum wage for senior managers and pilots,
-4 times the minimum wage for unit, branch managers, engineers and architects,
– 3 times the minimum wage for teachers and those who will work in jobs that require expertise and mastery,
– At least the minimum wage for foreigners to be employed in domestic services, 1.5 times the minimum wage for foreigners to work in other professions,
It is obligatory to pay the wages as a minimum to the foreign personnel working in the specified line of business, and insurance premiums must be paid according to these wages.
Regarding foreign personnel (except for the exemptions and exceptions specified in the work permit legislation), it is necessary to pay attention to the fact that they must have a work permit, that the foreign personnel who have a work permit are insured within the legal period specified in the social security legislation, and that SSI notifications and payments are made in accordance with the occupational code and wage tariffs declared during the work permit application.
Otherwise, administrative fines may be imposed on employers in accordance with Article 102 of the Act for failure to declare the employment of foreign personnel and for underpayment or non-payment of insurance premiums.
