Asylum seekers may apply for a work permit after 6 months following the lodging date of their international protection application.[1]
The principles and procedures governing the employment of applicants or international protection beneficiaries shall be determined by the Ministry of Family, Labour and Social Services in consultation with the Ministry of Interior.[2] On that basis, the Regulation on Work Permit of Applicants for International Protection and those Granted International Protection adopted on 26 April 2016 confirms that applicants may apply to the Ministry of Family, Labour and Social Services for a work permit through an electronic system (E-Devlet) after 6 months from the lodging of their asylum application.[3]
These jobs cannot be performed by foreigners, according to article 9/1 (c) of the International Workforce Law: a) dentist, b) chemist, c) veterinarian, d) executive director at private health institutions, e) lawyer, f) notary, g) private guard, h) captain and similar jobs performing at sea, i) custom auditor, l) tourist guide.[4]
Applicants must hold a valid identification document in order to apply,[5] meaning that those applicants who do not hold an International Protection Identification Card – due to Admissibility grounds or the applicability of the Accelerated Procedure – are not permitted to apply for a work permit. In any event, it would be difficult for these categories of applicants to obtain a right to access the labour market given the general 6-month waiting period to apply for a work permit.
An exemption from the obligation to obtain a work permit is foreseen for the sectors of agriculture and livestock works. In these cases, however, the applicant must apply for an exemption before the relevant Provincial Directorate of Family, Labour and Social Services.[6] The Ministry of Family and Social Services may introduce province limitations or quotas in these sectors.[7] More generally, the Regulation entitles the Ministry to impose sectoral and geographical limitations to applicants’ right to employment, without providing further detail as to the applicable grounds for such restrictions.[8] In addition, applicants cannot be paid less than the minimum wage.[9]
In the Cohesion Strategy and National Action Plan (2018-2023)[10] priorities for the labour market, include:
- Providing reliable and standardised information on labour market;
- Research on professional qualifications of migrants and access to the labour market;
- Protection of right to work as well as information on rights and working conditions.
The action plan includes:
- A website with information on conditions for access to the labour market depending on status;
- Awareness raising on rights and working conditions;
- Strengthening recognition of migrants’ qualifications.
The International Workforce Law’s implementing regulation went into effect on February 2, 2022, and it covers the procedures for work permits and work permit exemptions. The Regulation encourages policymakers to consider the perspectives of both international and domestic workforce when developing standards[11]. The number of work permits increased in 2023, comparing to the previous years. In 2023, a total of 239,835 work permits were issued, including 66,299 for women. In 2022, 6,905 citizens of Iran; 3,606 citizens of Iraq, 4,957 citizens of Afghanistan, 11,561 citizens of Russia, and 3,277 citizen of Ukraine acquired work permit.[12] In 2023, 17,785 citizens of Russia, 3,368 citizens of Ukraine, 6,204 citizen of Afghanistan, 3,915 citizen of Iraq, 8,521 citizens of Iran, 1,902 citizens of Pakistan obtained work permit, other top nationalities are Uzbekistan, Kazakistan, and Kyrgyzstan[13]. There is ongoing work to ease procedures, make them more accessible, and reduce the number of people dependent on aid.[14]
The Regulation also foresees the possibility for applicants to have access to vocational training schemes organised by the Turkish Job Agency (İŞKUR).[15] In practice, Public Education Centres and İŞKUR offer vocational courses to asylum seekers in many localities. Between the first quarter and the end of 2022, İŞKUR registered nearly 10,000 additional refugees, bringing the total to nearly 72,000 (significantly exceeding the target of 63,300). İŞKUR also reported that an additional 425 beneficiaries (refugees and members of the host community) secured formal employment through them under the Facility, bringing the total number of beneficiaries to over 18,000. 67% of these were male, while 33% were female.[16] 31,053 migrants accessed to vocational trainings organised by Directorate General for Lifelong Learning, in addition, between 2014 and 2023, a total of 846,987 (excluding Syrians) migrant trainees attended courses held in public education centres [17]
Specific groups are concentrated in certain work areas. For instance, it was reported that Ukrainians in Türkiye work in the beauty, housekeeping, and babysitting industries, as well as informal service sectors,[18] and Afghans often work in shepherding, animal care, and agricultural production[19]. Highly educated international protection applicants or holders often face challenges in securing jobs that match their educational qualifications[20].
Applicants for international protection continue to face widespread undeclared employment and labour exploitation in Türkiye, similar to temporary protection beneficiaries (see Temporary Protection: Access to the Labour Market). The economic crisis in Türkiye, which began with the pandemic and deepened especially in 2023, along with rising unemployment and the high cost of living due to high inflation rates, have made access to labor markets more difficult. Refugee labour constitutes the cheapest segment of the labour market, leading labour-intensive industries to rely on informal labor, this situation increases the vulnerability of migrant workers, at the same time it causes migrant labour to be viewed as a competitive threat by the unemployed locals[21]. With increased inspections of workplaces, employers are becoming less willing to hire migrant workers, and these workers without holding work permits are increasingly afraid to go to their workplaces due to fears of deportation[22]. Asylum seekers who work without work permit are listed in the law among those against whom deportation decisions will be taken; the time limit to access labour market and reluctancy of employers to apply for work permits for asylum seekerts might cause the deportation of asylum seekers who work without a work permit. All these issues contribute to a rise in child labour.
According to research conducted by Türk Kızılay[23], the provinces with the highest number of child workers are İstanbul, Gaziantep, Adana, İzmir, and Kahramanmaraş due to high density of workshops and the largest settled migrant populations. There is a high concentration of migrant children working in shoe making and seasonal agricultural fields in Gaziantep, in furniture-making facilities, carpentry shops, and the automotive service sector in Ankara, in textile workshops and seasonal agricultural labor in Adana, in shoemaking and textile workshops in İzmir and in İstanbul. There are migrant children working on the streets with their family members doing daily jobs such as scrap dealing, vending, selling paper tissue and collecting paper. Kızılay Mobile Teams provide child friendly spaces and psychosocial support services in more than 60 tent areas in provinces where seasonal agricultural workers often reside (Gaziantep, Adana, Mersin, Zonguldak etc.).
Poor health and safety conditions at work are also a matter of concern. Workers’ Health and Safety Watch (İşçi Sağlığı ve Güvenliği Meclisi) is monitoring workplace homicides, including those of refugees and migrants. In December 2022, it was reported that 828 migrants lost their lives between 2013 and 2022 and 51% of the victims were Syrians. The most cases were reported from Istanbul (148), Sanliurfa (105), Konya (51) Gaziantep (48), Kocaeli (35), Ankara (30), agriculture, and constructions sectors sector were identified as the most dangerous sectors with a 29% and 25% homicide rate in 10 years.[24] Refugee workers lost their lives in work-related accidents including as a result of fires, equipment failure and road accidents.[25] An Afghan national, who was working in an illegal mine operating in Zonguldak’s Kilimli district, was killed by his bosses[26].
The Directorate General of International Labor has announced the updated administrative fines for foreigners working without a work permit in 2023[27]. Employers hiring foreigners without a work permit face an administrative fine of 35,815.00 TL per foreigner. Foreigners working without a dependent work permit will be fined 14,318.00 TL, and those working independently without a work permit will be fined 28,655.00 TL.
There are some projects addressing several issues regarding the financial literacy, providing information on labour rights, trainings, and digital solutions. Financial literacy training was given to 6,708 trainees with the project implemented in the Public Education Centres in Ankara, Istanbul, Bursa, Konya and Gaziantep, “Micro Business Game Training” and “Accumulation Game Training” course programs were created in the e-system, and information technologies classes were established in 4 public education centres[28]. “Towards an Inclusive Workplace for Refugees Project” implemented by ASAM in 6 provinces (Adana, Bursa, Istanbul, İzmir, Mersin and Kahramanmaraş) creates an application called “Communication & Inclusion” (CommIn). The application aims to make the relevant training easily accessible to both workers and employers, regardless of place and time. MÜDEM Worker Support Center Project[29] continues for 6 years provides social and legal counselling and supports people working in the garment sector in Türkiye, the most common issues among the received notifications are related to salaries, mistreatment at work, and work permits.
[1] Article 89(4)(a) LFIP.
[2] Article 89(4)(ç) LFIP.
[3] Articles 6-7 Regulation on Work Permit for Applicants for and Beneficiaries of International Protection.
[4] Article 9/1 (c) of the Internal Workforce Law no. 6735, available here. For more information, available here.
[5] Article 6(1)-(2) Regulation on Work Permit for Applicants for and Beneficiaries of International Protection.
[6] Article 9(1) Regulation on Work Permit for Applicants for and Beneficiaries of International Protection. Provisionally, however, these applications are lodged with the Ministry of Family and Social Services: Provisional Article 1 Regulation on Work Permit for Applicants for and Beneficiaries of International Protection.
[7] Article 9(2) Regulation on Work Permit for Applicants for and Beneficiaries of International Protection.
[8] Article 18(1) Regulation on Work Permit for Applicants for and Beneficiaries of International Protection.
[9] Article 17 Regulation on Work Permit for Applicants for and Beneficiaries of International Protection.
[10] See PMM, Uyum Strateji Belgesi ve Ulusal Eylem Planı 2018-2023, available in Turkish here.
[11] Resmî Gazete, Uluslararasi İşgücü Kanunu Uygulama Yönetmeliği, 2022, available in Turkish here.
[12] Ministry of Labour and Social Security, ‘Work Permits of Foreigners’, 2022, available here.
[13] Ministry of Labour and Social Security, ‘Work Permits of Foreigners’, 2023, available here..
[14] Information provided by stakeholders, March-April 2024.
[15] Article 22 Regulation on Work Permit for Applicants for and Beneficiaries of International Protection.
[16] EU Facility for Refugees in Türkiye, The Facility Results Framework Monitoring Report No. 11, June 2023, available here
[17] Hayat Boyu Öğrenme Genel Müdürlüğü 2023 Yili Birim Faaliyet Raporu: available here
[18] Information provided by a stakeholder, March 2023.
[19] Information provided by stakeholders, March 2024.
[20] Informayion provided by stakeholders, March – April 2024.
[21] Heinrich Böll Stiftung, Göçmen Mahallelerinde Yaşam: Türkiye’de 2010 Sonrası Göçler ve Göçmenlerin Toplumsal Katılımı, November 2023, available here.
[22] Information provided by stakeholders, March-April 2024.
[23] Turkish Red Crescent, Türkiye – The Effects of Irregular Migration on Child Labor: The Situation of Migrant Children in Türkiye – 2024, available here.
[24] Isig Meclisi, ‘Yoksulluğun nedeni sermaye iktidarıdır… Son on yılda (2013-2022) en az 828 göçmen/mülteci işçi hayatını kaybetti’, 2022, available here.
[25] Ibid.
[26] Evrensel, Yakılan işçi Nourtani’nin ailesi: Çalışan tek kişiydi şimdi bize ne olacak?, 23 November 2023, available here.
[27] Uluslararası İşgücü Genel Müdürlüğü – İdari Para Cezaları, available here
[28] Financial Inclusion of Refugees and Host Communities in Turkey Project, 16 November 2023: availble here