Out of Scope and Blue Card Holders

Those Excluded from the Scope of the International Labour Law

The International Labour Law No. 6735, which regulates the determination, implementation and monitoring of the policies regarding international labour and the work and transactions regarding work permits and work permit exemptions to be given to foreigners, entered into force after being published in the Official Gazette on 13.08.2016, and with the seventh paragraph of Article 27 of the  Law No.6735  the Law on Work Permits of Foreigners No.4817 has been repealed.

International Labour Law No. 6735 covers;

Foreigners who apply to work permit or work in Türkiye,

Foreigners who have applied to be  a vocationall trainee or are currently receiving vocational training with an employer,

Foreigners who apply for or are doing an internship,

Cross-border service provider foreigners who are in Türkiye for the purpose of providing temporary services,

Natural and legal persons who employ or apply to employ foreigners

In accordance with the International Labour Law No. 6735, foreigners who are stated to be able to work without a work permit in other laws or bilateral or multilateral agreements or international agreements to which Türkiye is a party can work or be employed without a work permit.

Those who are within the scope of Article 28 of the Turkish Citizenship Law No. 5901 (those who are entitled to receive a Blue Card) have the right to work.

The provisions of bilateral or multilateral agreements and international agreements to which Türkiye is a party are reserved.

 

Out of Scope and Blue Card Holders

In the fourth paragraph of Article 6 of the International Labour Law No. 6735, "The right to work is reserved for those within the scope of Article 28 of the Turkish Citizenship Law No. 5901 dated 29.5.2009." provision is included.

In the first three paragraphs of Article 28 of the Turkish Citizenship Law No. 5901, amended by Law No. 6304 dated 9.5.2012;

  1. Those who were Turkish citizens by birth but lost their Turkish citizenship by obtaining permission to leave and their descendants up to the third generation continue to benefit from the same rights granted to Turkish citizens, except for the exceptions specified in this article. Provisions regarding national security and public order are reserved.
  1. Persons within the scope of this article do not have the right to elect and be elected, to import vehicles or household goods with exemption, and do not have the obligation to perform military service. The acquired rights of these people regarding social security are reserved and they are subject to the provisions of the relevant laws in the use of these rights.
  2. Persons within the scope of this article cannot hold essential and permanent public service positions based on a permanent staff and subject to the public law regime. However, it is stated that they can be employed as workers, temporary or contracted personnel in public institutions and organizations.

    In this context; Those who are entitled to receive a Blue Card within the scope of Article 28 of Law No. 5901 do not need to obtain a work permit from our Ministry by the provisions of Law No. 6735, provided that the obligations in our national legislation regarding the practice of the profession are fulfilled and the issues in special laws are reserved.

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