An Istanbul-based software company (ABC Software Inc.) reaches an agreement with Mr. K, a Syrian national engineer specializing in a specific coding language. Mr. K holds “Temporary Protection” status in Turkey. The company applies for a “work permit” for Mr. K to the Ministry of Labor and Social Security via the e-permit (e-izin) system.

About 25 days after the application, the information that the application was “Rejected” arrives via the system. Two main reasons are presented in the official rejection letter:

  1. The company did not meet the criterion of “employment of five Turkish citizens for each foreigner” as of the application date (the company appears to have 4 Turkish citizen employees in SSI records).

  2. The “Diploma Equivalency Certificate” obtained from YÖK (Council of Higher Education) regarding the engineering diploma obtained from abroad by the foreigner to be employed as an engineer was not attached to the application file.

Legal Evaluation This case demonstrates how strict the criteria that both the employer and the foreigner must meet in work permit applications are. The process is subject to the International Labor Force Law No. 6735 and relevant regulations.

1. “5 Turkish Employment” Criterion (Employer Obligation) According to the Ministry’s evaluation criteria, it is mandatory to employ at least five Turkish citizens for each foreign employee at the workplace where the work permit is requested. This is one of the most fundamental criteria.

  • Case Analysis: ABC Software needed to have at least 5 employees to employ its first foreign personnel, while it had 4. The company failed to meet this legal obligation. This reason alone is sufficient for the rejection of the application.

2. “Diploma Equivalency Certificate” (Foreign Personnel Obligation) Foreigners who will work in “regulated professions” such as engineering, medicine, and law must prove that their diplomas are valid in Turkey with an equivalency certificate issued by the Council of Higher Education (YÖK).

  • Case Analysis: Although Mr. K is a qualified engineer, applying without a document showing the equivalency of his diploma left the application incomplete in terms of “professional competence.” This is also a reason for rejection.

  • Note: Mr. K’s “Temporary Protection” status does not prevent him from obtaining a work permit, but it does not exempt him from such technical obligations (like diploma equivalency).

3. Appeal and Litigation Paths The company has two options:

  • Administrative Objection: The company can object to the Ministry with a reasoned petition within 30 days from the notification of the rejection decision. However, in this case, since the rejection reasons (number of employees and missing document) are concrete and real, an objection made without remedying these deficiencies cannot be expected to change the result.

  • Litigation Path (Annulment Lawsuit): If the objection is rejected or not answered within 30 days, the company can file a lawsuit for the annulment of the rejection decision in the Administrative Court within 60 days (from the notification of the first rejection decision).

Conclusion and Advice In this case, the rejection decision given by the Ministry complies with the legislation. Going to appeal or litigation would be a waste of time and money since concrete deficiencies were not remedied.

The most correct move ABC Software should make is:

  1. First, hire one more Turkish citizen personnel to increase the number of SSI employees to 5.

  2. Simultaneously, ensure that Mr. K applies to YÖK to obtain the “Diploma Equivalency Certificate.”

After these two fundamental deficiencies are remedied, the company should restart the process by making a “new application.” Work permit applications are technical and detailed processes. Consulting a foreigner law expert before applying is the most effective way to prevent such rejection decisions and related loss of rights.