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Annous

New work permit law that requires a deposit of 100,000 tl

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I have setup a new personal (private) company here in turkey back in August to be told after that i need a working permit to operate that company even if it's my own and that work permit requires a 100,000 tl deposit so that I can get a working permit in addition to employing 5 Turkish people but that can be tolerated. As for the 100,000 tl it's a must otherwise I cannot operate my business. This is weird and as startup business I don't have that kind of money, now I am stuck and within a few months from now I have to take action or I will be forced to close the company. Now this new role disrupted all my plans and I don't think it invite any other startup to operate here, unless I am mistaken... 

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Oh, okay. I have also read this before. Voices is a pretty reliable source of information. The reason I was wondering where your info came from is that I believe the requirement is to have 100,000 in equity in the company, you don't have to deposit it in a bank account or give it to the government, the company must have 100,000 in assets and cash combined. That could include assets and intellectual property as well.

I don't know what to say about the other issue. I have heard of people getting work permits without having to hire five workers if they are the owner of the company. So apparently the rules are not written in stone. These exceptions involved a lawyer. If you want, I'll recommend a lawyer who can probably help you with this.

Personally I think these laws are crazy and very business-unfriendly. In Delaware, USA, one can incorporate for something like $299, and pay I believe $200 per year in state business taxes. The whole thing can even be done online from another country. Then after that you can do practically anything you want. Which is probably why so many companies are incorporated in Delaware (including a lot of big and famous ones).

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I think people are mis-reading this law though. The "five Turks for every foreign worker" thing was meant to be an option to hire a foreigner for a job that a Turk could not do. If you have already hired five Turks, the Ministry of Labor and Social Security won't search the unemployment rolls to see if there is an unemployed Turk who can do the job. I don't think that had any application to foreigners who actually owned the company. The owner still has to get a work permit, but the "five Turks for every foreigner" thing was not meant for that situation.

And, you could certainly make the case that you are the only one with the knowledge and experience to manage the company. Which would make it impossible for an unemployed Turk to do.

Of course, IF you hired five Turks, then the sixth employee can be a foreigner, including you, without restrictions. But while that would "guarantee" your work permit, I don't think doing that is necessary.

Have you talked to anyone from the local office of the Ministry of Labor and Social Security? That's what you would need to do. But bring along a translator, since they might not have anyone there who speaks fluent English.

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I tried to call them a number of times, there is no one that speaks english, which is what you pointed out, i also called 170 number as well, and got no-where. I can assure you there is a real concern here, or at least this unclarity is causing this confusion. But i must get to this info as soon as i can.

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I am aware of some foreigners who have Turks on their staff but who are subcontracted out to other companies for many days of the month, who actually pay the wages. Sounds a bit dodgy to me but is a work around. Do the 5 Turks need to be employed on  full-time basis, or could one, for example, be a part time office cleaner?

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I am not employing anyone, my company is a individual company with only 1 director - that would be me in this case, i wont be employing anyone anytime soon, so assuming that employing 5 people is not applicable, there is a 100,000 TL that has to be put in a bank account? which to be honest does't make sense to me. I am a startup business not an investor.

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Do the 5 Turks need to be employed on  full-time basis, or could one, for example, be a part time office cleaner?

From what I have read in the law, that is unclear.

Annous, about the only way you'll solve this is to work with someone who has connections with the Ministry of Labor and Social Security. I know a lawyer who has such ties, and who works with expats in the Antalya community. I will send you a PM with her info. I do not ask, nor do I accept, commissions for such referrals, so this isn't anything I am doing for a commission, if that happens to enter your mind. Anyway I will send you her contact info.

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