With the regulation on amendments published in the Official Gazette dated October 15, 2024 and numbered 32693, certain amendments were made to the Implementing Regulation on International Labor Force Law. These amendments entered into force on October 15, 2024, the day the relevant regulation was published in the Official Gazette.
In this article, the amendments made to the Implementing Regulation on International Labor Force Law are listed in a list to explain the differences between the regulation before the amendment and after the amendment.
- Article 48 of the relevant Regulation is titled “foreigners to be exempted from work permit”. Before the amendtment of Article 48 of the Regulation on the Implementation of the International Labor Law published in the Official Gazette dated 02/02/2022 and numbered 31738 is as follows:
ARTICLE 48(h) BEFORE THE AMENDMENT: h) Foreigners who are notified by the relevant public institutions and organizations that they can provide important services and contributions to Turkey in economic, socio-cultural and technological fields and education shall be considered within the scope of work permit exemption for up to six months.
The phrase “six months” in subparagraph (h) of the first paragraph of Article 48 of the Implementing Regulation on International Labor Law has been amended as “three years”.
ARTICLE 48(h) AFTER THE AMENDMENT: h) Foreigners who are notified by the relevant public institutions and organizations that they can provide important services and contributions to Turkey in economic, socio-cultural and technological fields and education shall be considered within the scope of work permit exemption for up to three years.
- The phrase “with a visa with a sports certificate” in subparagraph (k) of the same paragraph has been abolished.
ARTICLE 48(k) BEFORE THE AMENDMENT: k) Foreign professional athletes and coaches, sports physicians, sports physiotherapists, sports mechanics, sports masseuses or masseurs and similar sports personnel who come to Turkey with a annotated sports visa provided that they have the approval of the Ministry of Youth and Sports or the Turkish Football Federation, shall be considered within the scope of work permit exemption during their contracts with sports federations and sports clubs.
ARTICLE 48(k) AFTER THE AMENDMENT: k) Foreign professional athletes and coaches, sports physicians, sports physiotherapists, sports mechanics, sports masseuses or masseurs and similar sports personnel who come to Turkey provided that they have the approval of the Ministry of Youth and Sports or the Turkish Football Federation, shall be considered within the scope of work permit exemption during their contracts with sports federations and sports clubs.
- Subparagraphs (ş) and (t) have been added to Article 48 of the Regulation.
NEW SUBPARAGRAPHS ADDED TO ARTICLE 48:
“ş) Those who are within the scope of Articles 46 and 91 of the Law No. 6458 shall be considered within the scope of work permit exemption for the scope and periods specified in the notification.”
“t) Provided that the Presidential Communications Directorate has the assent, foreign press members who come within the scope of a permanent press card shall be considered within the scope of work permit exemption for the duration of their duty.”
- The third paragraph of Article 49 of the Regulation titled “application for work permit exemption” has been amended as follows.
ARTICLE 49 BEFORE THE AMENDMENT: 3) Domestic applications for work permit exemption shall be made within thirty days at the latest from the date of entry of the foreigner into Turkey, provided that the visa or visa exemption period is not exceeded.
ARTICLE 49 AFTER THE AMENDMENT: “(3) Applications for work permit exemption to be made from within the country shall be made within the period during which the foreigner is legally in Turkey.”
In this amendment, the provision stating that the application shall be made within thirty days at the latest from the date of entry of the foreigner into Turkey has been abolished. With the amendment of the Article, the provision that work permit exemption applications shall be made within the period of the foreigner’s legal stay in Turkey has been changed. With this amendment, it is regulated that the foreigner can apply for work permit exemption within the visa period.
- The sentence “for foreigners granted work permit exemption under subparagraph (ı), the calendar year shall be taken as basis.” has been added to the first paragraph of Article 53 titled “Other issues regarding work permit exemption” of the Regulation.
ARTICLE 53 BEFORE THE AMENDMENT: 1) For foreigners granted work permit exemption within the scope of subparagraphs (b) and (c) of the first paragraph of Article 48, no new application can be made within the scope of the same exemption until a period of six months has passed from the date of issuance of the work permit exemption and twelve months for other work permit exemptions.
5) The sentence “For foreigners granted work permit exemption under subparagraph (ı), the calendar year shall be taken as basis.” has been added to the first paragraph of Article 53 titled “Other issues regarding work permit exemption” of the Regulation.
ARTICLE 53 AFTER THE AMENDMENT: 1) For foreigners granted work permit exemption within the scope of subparagraphs (b) and (c) of the first paragraph of Article 48, no new application can be made within the scope of the same exemption until a period of six months has passed from the date of issuance of the work permit exemption and twelve months for other work permit exemptions. “for foreigners granted work permit exemption under subparagraph (ı), the calendar year shall be taken as basis.”
- Subparagraphs (6) and (7) have been added to Article 53 of the Regulation titled “Other issues regarding work permit exemption”.
NEW SUBPARAGRAPHS ADDED TO ARTICLE 53:
(6) Persons within the scope of subparagraph (ş) of the first paragraph of Article 48 shall be exempted from Articles 49, 50 and 51 and shall be considered within the scope of work permit exemption for the scope and periods specified in the notification. Only work permit exemption information form shall be issued for those in this scope.
(7) The procedures and principles regarding the sixth paragraph shall be jointly determined by the Ministry and the Ministry of Interior.”
The amendments to the Implementing Regulation on the International Labor Force Law entered into force on 15/10/2024, the day these amendments were published in the Official Gazette.