Employing Foreigners Without a Work Permit in Turkey: Fines

09 October 2026 18 min read 0 Comments
Employing Foreigners Without a Work Permit in Turkey: Fines
Av. Esra Ateş

Avukat · İstanbul Barosu · Sicil No: 61936

09 Oct 2026

An employer or employer's representative who employs a foreigner without a work permit in Turkey is fined separately for each foreigner under Law No. 6735 Art. 23/5-b-3: TL 102,503 per foreigner in 2026 (ÇSGB table), increased by one fold (that is, doubled) on repetition. The fine is imposed by the provincial director of the Labour and Employment Agency; you appeal to the criminal judgeship of peace within 15 days of notification (5326 Art. 27/1). The employer also covers return costs.

Last updated: 8 October 2026. The amounts are taken from the 2026 administrative fines table of the Çalışma ve Sosyal Güvenlik Bakanlığı (ÇSGB, Ministry of Labour and Social Security); the rules were checked against the current text of the 6735 sayılı Uluslararası İşgücü Kanunu (International Labour Force Law No. 6735) and the 5326 sayılı Kabahatler Kanunu (Law on Misdemeanours No. 5326), and against decisions of the Uyuşmazlık Mahkemesi (Court of Jurisdictional Disputes), the Yargıtay (Court of Cassation) and the Danıştay (Council of State).

Employing a foreigner who does not have a work permit is prohibited by Article 6/2 of Law No. 6735; Article 23/5-b-3 of the same Law imposes an administrative fine on the employer or the işveren vekili (employer's representative) separately for each foreigner, and in 2026 this fine is TL 102,503 per foreigner. The fine is imposed by the Çalışma ve İş Kurumu il müdürü (provincial director of the Labour and Employment Agency); an appeal is made to the sulh ceza hâkimliği (criminal judgeship of peace) within 15 days of notification (5326 Art. 27/1). The foreigner who worked without a permit is also fined separately and is reported to the İçişleri Bakanlığı (Ministry of Interior) for deportation.

Fines for employing foreigners without a work permit in Turkey: 2026 amounts

In 2026, the fine for an employer who employs a foreigner without a permit is TL 102,503 per foreigner, and the fine for a foreigner who works without a permit is TL 40,977. Figures written in the text of the Law, such as TL 6,000, are the 2016 amounts; under Article 17/7 of Law No. 5326 they are increased at the start of each calendar year by the yeniden değerleme oranı (revaluation rate). According to the Ministry's table, the rate applied in 2026 is 25.49%, and the amounts are as follows.

ActWho is fined2026 amountLegal basis
Employing a foreigner who does not have a work permitThe employer or the employer's representative, for each foreignerTL 102,5036735 Art. 6/2, Art. 23/5-b-3
Working for an employer without a permitThe foreignerTL 40,977Art. 23/5-b-1
Working on one's own account (independently) without a permitThe foreignerTL 82,010Art. 23/5-b-2
Failing to notify the Ministry within 15 days of the start of work, the departure from work and circumstances that would lead to the cancellation of the permitThe employer (for each foreigner); a foreigner holding an independent or indefinite permitTL 6,805Art. 22/1, Art. 23/5-a
Repetition of the acts aboveThe person who repeats the actIncreased by one fold (that is, doubled); TL 205,006 per foreigner for the employer fineArt. 23/6

The fine is multiplied by the number of workers, because the Law says "for each foreigner". In 2026, a workplace where three workers without permits are found during an inspection is fined 3 × TL 102,503 = TL 307,509; the notification fine is calculated in the same way. Because the amounts change every year, compare the figure on the notice you receive with the Ministry's table for the relevant year.

Who gets fined: the company, its manager or a family employing a carer

The fine is imposed on the employer or employer's representative who actually employs the foreigner. The Law covers "natural and legal persons who employ foreigners or apply in order to employ them" (Art. 2/1); it makes no distinction between a company, a sole proprietorship and a family that employs a carer or a cleaner in its home.

In its decision E. 2022/4521, K. 2024/5142 (E. is the docket number and K. the decision number), the Yargıtay 7. Ceza Dairesi (7th Criminal Chamber of the Court of Cassation) stated that the company's authorised representative can be fined in the capacity of employer's representative, and that in unregistered employment the person liable for the fine is the person who actually employs the foreigners. In workplaces where more than one company or person is present, the question "who was actually employing the foreigner?" therefore becomes the main issue of the appeal.

Who issues the fine, and when and how is it paid?

The fine is imposed by the provincial director of the Labour and Employment Agency on the basis of the reports and records drawn up during the inspection (Art. 23/3). The findings are made by the Ministry's labour inspectors, inspectors of the Sosyal Güvenlik Kurumu (SGK, Social Security Institution) and social security auditors (Art. 23/1); if the police, the gendarmerie or the inspection staff of another institution find someone working without a permit during their own inspection, they report it to the Ministry (Art. 23/2). In other words, a police report (emniyet tutanağı) can also serve as the basis for the provincial directorate's fine.

The fine must be paid within one month of notification (Art. 23/4). Under Article 17/6 of the Law on Misdemeanours, a 25% discount is applied to a fine paid within the payment period, and payment does not remove the right to challenge the decision. For a person whose financial situation does not allow full payment, a decision may be made to pay in four equal instalments within one year, provided that the first instalment is paid upfront (Art. 17/3).

The sample notice on the Ministry's website still refers to a 15-day period for the discount, whereas the current text of the Law, amended in 2022 by Law No. 7417, links the discount to payment within the payment period. To avoid having to deal with this discrepancy, the safest course is to make the discounted payment within the first 15 days after notification.

Repeat offences: the increased fine and the costs left to the employer

If the same act is repeated, the fine is increased by one fold (that is, doubled) (Art. 23/6). The Law sets no time limit for repetition: in the decision E. 2022/4521, K. 2024/5142 mentioned above, the Yargıtay 7th Criminal Chamber did not find it unlawful that the increase was applied to an act committed in 2020 on the basis of a fine imposed on the same person in 2014.

That is why the outcome of the first fine matters. In its decision E. 2022/11297, K. 2024/5143, the same Chamber accepted that if the earlier fine relied on for the repetition has been annulled by the criminal judgeship of peace, no increase can be applied to the later fine. A fine that becomes final without an appeal, on the other hand, can serve as the basis for an increase in a later case of employment without a permit.

Separately from the fine, the employer or employer's representative must cover the accommodation costs of the foreigner who worked without a permit and, if any, of their spouse and children, the costs of their return to their country and, where necessary, their health expenses (Art. 23/9). If these costs have been paid from the budget of the Göç İdaresi (Presidency of Migration Management), the amount is collected from the employer as a public receivable under the 6183 sayılı Amme Alacaklarının Tahsil Usulü Hakkında Kanun (Law No. 6183 on the Procedure for the Collection of Public Receivables).

Is there also a separate SGK (social security) fine?

Yes, there can be. Article 102 of the 5510 sayılı Sosyal Sigortalar ve Genel Sağlık Sigortası Kanunu (Social Insurance and General Health Insurance Law No. 5510) provides that the Social Security Institution applies its own fine even if an administrative fine is provided for the same act in other laws. If an inspection reveals that the işe giriş bildirgesi (employment start notification) was not submitted, the fine is twice the minimum wage for each insured person, and five times the minimum wage if the same situation is detected again at the workplace within one year (Art. 102/1-a-2 and 3); there is a separate fine item for the aylık prim ve hizmet belgesi (monthly premium and service document) (Art. 102/1-c).

Court decisions show that this fine is also applied to foreigners working without permits: in its decision E. 2019/5458, K. 2021/3866, the Danıştay 10. Daire (10th Chamber of the Council of State) held by majority vote that the part of the fine to which the repeat-offence increase had not been applied was lawful; the fine had been imposed because no employment start notification was submitted for 25 foreigners found working without insurance during a police inspection. The two fines come from different authorities and are challenged in different ways:

  • Fine of the Labour and Employment Agency provincial directorate (6735): criminal judgeship of peace, within 15 days of notification.
  • SGK fine (5510): objection to the Institution within 15 days of notification; the objection suspends collection proceedings. If the objection is rejected, a case at the idare mahkemesi (administrative court) within 30 days of notification of the rejection. If the fine is paid upfront within 15 days of notification, without objecting to the Institution and without filing a case, three quarters of the fine is collected.

Whether the worker's own insured status can be recognised through a hizmet tespiti davası (action for determination of insured service) when there was no work permit is disputed at the Yargıtay. In the decision E. 2022/5942, K. 2022/7922 of the Yargıtay 10. Hukuk Dairesi (10th Civil Chamber of the Court of Cassation), a dismissal based on the absence of a work permit was upheld by majority vote; the dissenting opinion argued that a person working without a permit should also be regarded as insured.

What happens to the foreign worker: fine and deportation

The foreigner is also fined separately: a foreigner working for an employer is fined TL 40,977 in 2026 (Art. 23/5-b-1). A foreigner found to be working without a permit is reported to the Ministry of Interior for deportation (Art. 23/8); Article 54/1-ğ of the 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu (Law on Foreigners and International Protection No. 6458) provides that a deportation decision is to be taken against a foreigner found to be working without a work permit.

This finding also affects the employer's plans. A work permit application made later for a foreigner whom the Ministry of Interior has reported as falling within 6458 Art. 54 is rejected (6735 Art. 9/1-f); the idea of "we will get a permit now and carry on" with a worker found during an inspection may run into this provision. For the foreigner's own options, see the roadmap for a foreigner who has fallen into irregular status; for a foreigner who leaves their job while working with a permit, see the article on the right to stay of a foreigner dismissed from their job.

How to appeal the fine: deadline, court and steps

The appeal is made to the criminal judgeship of peace no later than 15 days after the fine is served or announced in person; once the period expires, the fine becomes final (5326 Art. 27/1). Law No. 6735 has no special remedy for fines. The route in Article 21/2 of the Law, "an objection to the Ministry within 30 days and, if rejected, the administrative courts", applies to Ministry decisions such as the rejection of a permit application or the cancellation of a permit.

The Court of Jurisdictional Disputes drew this distinction clearly: since Law No. 6735 does not designate a competent court for objections to fines, Articles 3 and 27 of the Law on Misdemeanours apply and the adli yargı (ordinary courts) have jurisdiction (E. 2021/260, K. 2021/330; E. 2023/193, K. 2023/321). In these cases, the applications went back and forth between the criminal judgeship of peace and the administrative court, and the question of jurisdiction was resolved only at the Court of Jurisdictional Disputes. The Ministry's sample notice to employers also states that an application may be made to the competent criminal judgeship of peace within 15 days. The text of 5326 Art. 27/1 uses the phrase "sulh ceza mahkemesi" (criminal court of peace); in practice, these applications are examined by criminal judgeships of peace.

How to appeal: step by step

  1. Document the date of notification. The period runs from the date of notification or of announcement in person; keep the envelope, the e-Tebligat (electronic notification) record or the tebellüğ belgesi (acknowledgement of receipt).
  2. File the petition within 15 days. The application is made in person, by a legal representative or by a lawyer, with a petition in two copies; the petition must clearly state the details of the administrative sanction decision and the evidence against it (Art. 27/3-4).
  3. Send a copy of the petition to the provincial directorate. The Ministry's sample notice asks for this and states that the institution is represented before the judgeship by the provincial directorate of the Labour and Employment Agency.
  4. Preliminary review. The judgeship checks the time limit and its own jurisdiction; if it lacks jurisdiction, it sends the file to the competent judgeship, and if the time limit has passed, it rejects the application (Art. 28/1).
  5. The institution's response and the hearing. The institution responds to the petition within 15 days, together with the case file; the judge may hear the parties and may call on witnesses and experts (Art. 28/3-5).
  6. Decision. The judgeship either rejects the application or decides to annul the administrative sanction decision (Art. 28/8).
  7. Challenging the decision. For fines up to and including TL 15,000, the judgeship's decision is final (Art. 28/10); for higher fines, an objection may be lodged under the Ceza Muhakemesi Kanunu (Code of Criminal Procedure) within two weeks of notification of the decision (Art. 29/1). In 2026, the employer fine is above this threshold even for a single foreigner, whereas a decision on the TL 6,805 notification fine is final.

What does the judge look at in an appeal?

The judgeship examines whether the inspection report really shows work without a permit, and whether it shows that you were the one who had that work done. In its decision E. 2022/16380, K. 2024/6010, the Yargıtay 7th Criminal Chamber quashed and annulled, by way of kanun yararına bozma (reversal in the interest of the law), a fine that had been imposed even though the inspection report and the situation assessment report showed that the foreigner was working at a workplace belonging to another person.

Make your full argument on the evidence at the criminal judgeship of peace stage. In its decision E. 2021/11579, K. 2021/11440, the same Chamber rejected the request, stating that objections concerning whether the act was proven and how the evidence was assessed cannot be examined by way of reversal in the interest of the law. The number of people in the report, whether those people actually worked at your workplace and on your behalf, and the outcome of the earlier fine cited as the basis for the repeat-offence increase should all be set out in the first petition.

How to avoid the fine: get the permit before the foreigner starts work

The way to prevent the fine is to have the work permit or the work permit exemption issued before the foreigner starts work. Foreigners who are given the right to work without a permit by another law or by an international agreement (Art. 6/3) and those covered by Article 28 of the 5901 sayılı Türk Vatandaşlığı Kanunu (Turkish Citizenship Law No. 5901) (Art. 6/4) fall outside this rule. A work permit is the permit issued by the Ministry as an official document that, during its period of validity, gives the foreigner the right to work and reside (Art. 3/1-c). The process works as follows, point by point:

  • Where to apply: If the foreigner is in Turkey, the application is made directly to the Ministry; if they are abroad, it is made to the Turkish embassy or consulate general in the country of which they are a citizen or where they are legally present; a yetkili aracı kurum (authorised intermediary institution) may also apply (Art. 7/1-2).
  • Processing time: An application with complete documents is concluded within 30 days. If documents are missing, the assessment is postponed; except in documented cases of force majeure, the postponement cannot exceed 30 days, and an application whose missing items are not completed is rejected (Art. 7/7-8).
  • Tied to the workplace: The first permit is granted for at most one year, on condition of working in a specific job at a specific workplace; an application to work for a different employer is assessed as a first application (Art. 10/1-2). Before hiring someone who holds a permit tied to another employer, an application is needed for your own workplace.
  • Notification: Notify the Ministry within 15 days when a foreigner with a permit starts or leaves work (Art. 22/1); failure to notify is a separate fine for each foreigner.
  • Extension: An extension application is made starting from 60 days before the permit expires and, in any case, before it expires; a late application is rejected (Art. 7/3). For the timeline, see the article on work permit extension and the 60-day rule.
  • Exemption and exceptions: A foreigner who falls within the scope of an exemption can also work only after obtaining the exemption (Art. 13/1). Art. 16 allows exceptions to be made to the rules on applications, refusals and permit types (Art. 7, 9 and 10) for groups such as foreigners married to a Turkish citizen and living in a marital union in Turkey, those reported to be of Turkish descent, or those granted geçici koruma (temporary protection); this exception does not remove the obligation to obtain a permit.

For more detail depending on your situation: on permit applications and the 30-day objection to the Ministry against a refusal decision, see work permit applications and objections; for foreign partners and managers, the article on work permit criteria for a foreign company partner; for home care and cleaning work, irregular migrants and the domestic work permit and the article on the rejection of a domestic work permit application.

What not to do during and after a labour inspection

  • Do not obstruct the inspection. A person who prevents an SGK inspection officer from performing their duty is subject to a separate administrative fine of five times the minimum wage, even if the act also constitutes another offence (5510 Art. 102/1-ı-1).
  • Do not sign the report without reading it. Everything that will be argued in the appeal is what is written in the report: the number of people, who employed them and what work they were doing. Have any finding you disagree with recorded on the report as a şerh (written reservation) and ask for a copy.
  • Do not treat a permit obtained later as the solution. Law No. 6735 contains no provision stating that a permit issued later wipes out the earlier period without a permit; if the worker has been reported under 6458 Art. 54, the application is rejected anyway (Art. 9/1-f).
  • Do not spend the 15 days at the wrong door. An objection petition sent to the Ministry or a case filed at the administrative court does not replace the application to the criminal judgeship of peace; file the petition directly with the judgeship.
  • Do not ignore the return costs. If the Göç İdaresi has paid them, the amount is collected from the employer as a public receivable (Art. 23/9).
  • Track the SGK fine separately. Its objection period and authority are different; do not try to answer the two notices with a single petition.
  • 6735 sayılı Uluslararası İşgücü Kanunu (International Labour Force Law No. 6735) Art. 2/1, Art. 3/1-c, Art. 6/2-4, Art. 7/1-3, 7 and 8, Art. 9/1-f, Art. 10/1-2, Art. 12/1, Art. 13/1, Art. 16/1, Art. 17/1-2, Art. 21/2, Art. 22/1, Art. 23 (all paragraphs) — mevzuat.gov.tr
  • 5326 sayılı Kabahatler Kanunu (Law on Misdemeanours No. 5326) Art. 3/1, Art. 17/3, 6 (as amended by Law No. 7417) and 7, Art. 27/1-4, Art. 28/1, 3-5, 8 and 10 (as amended by Law No. 7499), Art. 29/1 — mevzuat.gov.tr
  • 5510 sayılı Sosyal Sigortalar ve Genel Sağlık Sigortası Kanunu (Social Insurance and General Health Insurance Law No. 5510) Art. 102 — mevzuat.gov.tr
  • 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu (Law on Foreigners and International Protection No. 6458) Art. 54/1-ğ — mevzuat.gov.tr
  • Çalışma ve Sosyal Güvenlik Bakanlığı Uluslararası İşgücü Genel Müdürlüğü (Ministry of Labour and Social Security, General Directorate of International Labour Force), "İdari Para Cezaları" (Administrative Fines) (2024-2026 table; 2026 revaluation rate 25.49%) and the sample notice to employers on the same page — csgb.gov.tr
  • Uyuşmazlık Mahkemesi (Court of Jurisdictional Disputes), E. 2021/260 K. 2021/330 T. 07.06.2021 (T. is the decision date); Uyuşmazlık Mahkemesi, E. 2023/193 K. 2023/321 T. 17.04.2023
  • Yargıtay 7. Ceza Dairesi (Court of Cassation, 7th Criminal Chamber), E. 2022/4521, K. 2024/5142, T. 13.05.2024; Yargıtay 7. Ceza Dairesi, E. 2022/11297, K. 2024/5143, T. 13.05.2024; Yargıtay 7. Ceza Dairesi, E. 2022/16380, K. 2024/6010, T. 04.06.2024; Yargıtay 7. Ceza Dairesi, E. 2021/11579, K. 2021/11440, T. 30.09.2021
  • Danıştay 10. Daire (Council of State, 10th Chamber), E. 2019/5458, K. 2021/3866
  • Yargıtay 10. Hukuk Dairesi (Court of Cassation, 10th Civil Chamber), E. 2022/5942, K. 2022/7922, T. 26.05.2022

The information on this page is for general guidance only and does not constitute legal advice.

Frequently Asked Questions

Common questions on this topic

1 Can I employ a foreigner while their work permit application is pending?
EA

Avukat Esra Ateş

The Law ties the prohibition to the existence of the permit document: a work permit is the permit issued by the Ministry as an official document (6735 Art. 3/1-c), and employment without a permit is prohibited (Art. 6/2). Starting someone at work on a first application before the permit is issued therefore carries the risk of a fine. Under the Law, an application with complete documents is concluded within 30 days (Art. 7/8).

2 Can a foreigner with a residence permit work in Turkey without a work permit?
EA

Avukat Esra Ateş

A residence permit alone is not enough. Under 6735 Art. 12/1, apart from refugee and subsidiary protection status, holding a residence permit for any reason does not give a foreigner the right to work. To employ someone staying on a family or short-term residence permit, a separate work permit is required; conversely, a valid work permit replaces a residence permit.

3 Does the employer have to pay the fine imposed on the foreign worker?
EA

Avukat Esra Ateş

The Law provides a separate fine for the foreigner (TL 40,977 in 2026 for someone working for an employer, 6735 Art. 23/5-b-1), and Law No. 6735 contains no provision stating that this fine is to be paid by the employer. The employer's legal burden is its own fine plus the accommodation, return and, where necessary, health expenses of the foreigner and, if any, of their spouse and children (Art. 23/9).

4 Can a family employing a foreign carer or cleaner at home be fined?
EA

Avukat Esra Ateş

Yes. Law No. 6735 covers natural and legal persons who employ foreigners alike (Art. 2/1), and the fine for employment without a permit (Art. 23/5-b-3) does not distinguish between a company and a family. A work permit is also required for a foreigner who will work in home care or cleaning (Art. 6/2).

5 If I pay the fine, do I lose my right to appeal?
EA

Avukat Esra Ateş

No. Under Article 17/6 of Law No. 5326, making a payment does not affect the right to challenge the decision; the Ministry's sample notice also states that advance payment and payment in instalments do not affect the right to apply to legal remedies. You can pay the discounted amount and still apply to the criminal judgeship of peace within 15 days.

6 What happens if I miss the 15-day deadline to appeal the fine?
EA

Avukat Esra Ateş

If no application is made in time, the fine becomes final (5326 Art. 27/1). If the deadline was missed because of force majeure, an application can be made within 7 days of the date the cause ends; this application does not prevent the fine from becoming final, but the judgeship can stop its enforcement (Art. 27/2). A fine that has become final can serve as the basis for an increase in a new case of employment without a permit (6735 Art. 23/6).

7 Do I need a work permit to employ someone under temporary protection in Turkey?
EA

Avukat Esra Ateş

Yes. Foreigners granted temporary protection can apply for a work permit or a work permit exemption six months after the date their temporary protection identity document was issued, and the positive opinion of the Ministry of Interior is sought in these applications (6735 Art. 17/1-2). Employing them before the permit or exemption is issued falls under the Art. 6/2 prohibition.

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