Access to the labour market

Türkiye

Country Report: Access to the labour market Last updated: 14/07/23

Author

Independent

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]

The Regulation also foresees the possibility for applicants to have access to vocational training schemes organised by the Turkish Job Agency (İŞKUR).[10] In practice, Public Education Centres under provincial Governorates 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). All reported figures referred to Syrian refugees, with a greater proportion of men (81%) than women (19%). İŞKUR also reported that an additional 425 enrolled beneficiaries (refugees and members of the host community) secured formal employment through them under the Facility, bringing the total number of beneficiaries to date to over 18,000. 67% of these were male, while 33% were female.[11]

In the Cohesion Strategy and National Action Plan (2018-2023)[12] 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[13]. In 2021, a total of 168,103 work permits were issued including 91,500 to immigrants from Syria; 5,072 to citizens of Iran; 2,497 to citizens of Iraq and 2,923 to citizens of Afghanistan. Figures are not yet available for 2022.[14] 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).

It was reported that Ukrainians in Türkiye work in the beauty, housekeeping, and babysitting industries, as well as informal service sectors.[15]

 

 

 

[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 at: https://bit.ly/3rp0gz7. For more information, see: https://bit.ly/43miazy.

[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] Article 22 Regulation on Work Permit for Applicants for and Beneficiaries of International Protection.

[11] EU Facility for Refugees in Türkiye, The Facility Results Framework Monitoring Report No. 11, June 2023, available at: https://bit.ly/44nbVwT.

[12] See PMM, Uyum Strateji Belgesi ve Ulusal Eylem Planı 2018-2023, available in Turkish at: https://bit.ly/2VIssZY.

[13] Resmî Gazete, Uluslararasi İşgücü Kanunu Uygulama Yönetmeliği, 2022, available in Turkish at: https://bit.ly/44AfmjG.

[14] Ministry of Labour and Social Security, ‘Work Permits of Foreigners’, 2021, available at: https://bit.ly/3Oe2lXE.  

[15] Information provided by a stakeholder, March 2023.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of main changes since the previous report update
  • Introduction to the asylum context in Türkiye
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • Temporary Protection Regime
  • Content of Temporary Protection