Work Permits And Work Permit Exception Certificates For Foreign Directors And Managers

The International Labour Law1 numbered 6735 (the "International Labour Law") adopted a new approach to work permit requirements for foreign members of the board of directors of joint stock companies ("foreign directors") and foreign managers of limited liability companies ("foreign managers").

Before the adoption of the International Labour Law, it was not expressly clear whether foreign directors and managers were required or able to obtain the work permit and the generally accepted approach was that the work permits were not required unless the foreign director or manager has a formal employment agreement with the relevant company.

Article 10 of the International Labour Law expressly provides that foreign directors and managers who are also shareholders or partners in the relevant companies may obtain work permits whereas non-resident foreign directors and managers who are not shareholders in the relevant companies may obtain work permit exception certificates.

Ministry officials note that they are awaiting secondary legislation, which will provide further detail and clarity on requirements and the rules and procedures around the grant of work permits and exception certificates, in order to start processing applications.

Last Updated: 19.04.2018

Authors

Murat Soylu

Can Özilhan

Sergey Kolomoyets

Footnote

1 Published in the Official Gazette dated 13 August 2016 and numbered 29800.