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Rights of Foreign Workers Employed Without a Work Permit: Can Salary, Severance Pay and SSI Receivables Be Received? International Labor Law No. 6735, art.6, art.22, art.23; Article 54 of Law No. 6458; Turkish Code of Obligations No. 6098, article 394; Article 3 of the Labor Courts Law No. 7036 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Foreigners who do not have a work permit cannot work in Türkiye, and if they are employed without permission, administrative fines are imposed on both the foreigner and the employer (Law No. 6735, Art. 6/2, Art. 23). However, labor receivables may not be completely eliminated despite unauthorized working. Actual employment is important in terms of proving claims such as wages, overtime, severance pay and insurance premiums. Details of the Supreme Court's practice on this issue vary depending on the file, and since the foreigner's claim for his rights may pose a risk of deportation, the process must be planned carefully.
What are the Legal Consequences of Working Without a Work Permit?
International Labor Law No. 6735 regulates that foreigners can only work in Türkiye with a work permit (Art. 6/2). Violation of this rule results in two separate sanctions:
Administrative fines are imposed on foreigners who work without permission and employers who employ people without permission (Article 23). Since the amounts are updated every year with the revaluation rate, the current amounts should be learned from the competent authority.
A deportation decision may be taken for a foreigner working without permission within the scope of subparagraph (ğ) of the first paragraph of Article 54 of Law No. 6458. The eighth paragraph of Article 23 of the Law regulates the notification for the deportation of a foreigner working without permission.
For this reason, foreign workers working without permission should know that they may also face administrative sanctions when they claim their labor receivables. Judicial remedies against administrative actions are also reserved.
Is the Employment Contract of a Foreigner Working Without Permission Valid?
The legal status of an employment contract made without a work permit is controversial in practice. Article 394 of the Turkish Code of Obligations stipulates that if the invalidity of the service contract is later discovered, the provisions and consequences of the contract will arise until the service relationship is terminated for the period the worker worked. In some of the justifications in the Supreme Court decisions, there are evaluations that not having a work permit requires an administrative fine, but compensation for the work actually done can be requested. On the other hand, different approaches are seen in practice. Therefore, the result varies depending on the nature, duration and proof of the study.
In the decision of the 10th Civil Chamber of the Supreme Court of Appeals dated 27.05.2021 and numbered E.2020/5149, K.2021/7102, it was stated that in the service determination case of the foreign national plaintiff, it was necessary to investigate whether he had a work permit and the verdict was overturned. The decision shows that working without permission is important in terms of service determination and insurance. It cannot be concluded from the decision that the foreigner's receivables and determination requests will be automatically rejected. This decision reflects only the specific approach to the relevant file.
What Labor Receivables Can Be Claimed?
The main items that may be the subject of a claim in cases where actual work can be proven are:
Service determination request due to non-payment of insurance premiums.
In terms of severance and notice pay, whether the employment contract has been terminated in accordance with the law and the employee's working period are decisive. Claim items should be selected carefully, as practice may differ regarding the impact of unauthorized work on these items. In labor law, labor receivables are generally subject to a five-year statute of limitations (TBK art. 147). Before the lawsuit, it is a condition to apply for mediation in workers' receivables and compensation claims (Article 3 of Law No. 7036).
How to Prove Working?
Since unauthorized work is carried out without a written contract and payroll, proof mostly depends on evidence. The following evidence forms the basis of the file:
Correspondence and message records with the employer, Entry and exit records at the workplace, shift schedules, Witness statements.
Trade registry and SSI records of the workplace where the employer reports or employs the foreign worker may also be investigated.
Is there a risk of deportation while seeking workers' rights?
It may arise. When a foreign worker files a lawsuit or makes a complaint, administrative authorities may learn that he or she is working without permission. A deportation decision may be taken within the scope of Article 54/1-ğ of Law No. 6458. An appeal against this decision can be made to the administrative court within seven days from the notification. In cases such as serious illness, pregnancy and being a victim of human trafficking, Article 55 of the law prohibits a deportation decision. Therefore, before filing a labor claim lawsuit, the person's residence status, family ties and deportation risk should be evaluated together. The balance between seeking one's rights and preserving one's residence status must be established with a case-specific strategy.
Case Summary Form: Fictional example: A foreign worker works at a workplace for ten months without obtaining a work permit. The employer does not pay part of the wage and dismisses the employee on the grounds that he does not have a work permit. The worker wants to claim his receivables, but is afraid of being deported. Process: The lawyer collects bank records, messages, and witnesses for proof of employment. The worker's residence status and possible deportation risk are evaluated together with labor receivable requests. Result: The mediation process is initiated and if no results are obtained, a lawsuit is filed in the labor court. Since practice regarding work permits may differ, requests are prepared taking this uncertainty into consideration.
Can a foreign worker without a work permit claim his receivables?
If he actually worked, wages and other labor receivables may be claimed. The Supreme Court's practice regarding the impact of working without permission varies depending on the file. What happens to a foreigner working without permission? Administrative fines may be imposed on the foreigner and a deportation decision may be taken. An appeal may be made to the administrative court within seven days against the decision.
Will the employer face sanctions?
Yes. Administrative fines are imposed on employers who employ foreigners without permission within the scope of Law No. 6735.
Can a foreign worker whose insurance premium has not been deposited request service determination?
If it is proven that the work was actually done, service determination may be requested. The Supreme Court stated that the work permit should be investigated in these cases.
What is the statute of limitations for labor receivables?
Generally five years. It is also necessary to apply for mediation before the lawsuit.
Will the worker be deported if he files a lawsuit?
If administrative authorities learn of working without permission, a deportation decision may be taken. This risk must be assessed prior to litigation.
Failure to collect evidence in advance to prove the work.
Filing a lawsuit without fulfilling the mediation requirement.
Failure to follow the statute of limitations.
Making a complaint without assessing the risk of deportation.
Missing the seven-day deadline against a deportation decision.
The rights of foreign workers working without permission are not completely lost, but the file is especially sensitive in terms of proof and administrative risk. Labor receivables and residence status should be planned together and evidence should be collected in a timely manner. Küheylan Law Firm provides legal support in the preparation of receivables and service determination requests of foreign workers working without a work permit, mediation and labor court processes, and applications against possible deportation decisions.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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