AN OVERVIEW OF INTERNATIONAL LABOR POLICY
AN OVERVIEW OF INTERNATIONAL LABOR POLICY
The basic conditions for foreigners to be able to work in Turkey are included in the scope of foreigners\' law. The main regulation regarding foreign workers is the International Labor Law No. 6735, which entered into force in 2016 with the repeal of the Law on Work Permits for Foreigners No. 4817. In the study, an overall assessment of the policy will be made.
There are different legal rules that the foreigner is subject to in the country where he is actually located outside his own country, and these constitute the subject of Foreigners Law.
Working in a foreign country is also subject to Foreigners Law. According to the Constitution, everyone has the freedom to work in any field they wish, and working is everyone\'s right and duty. The Constitution, which is at the top of the hierarchy of norms and regulates fundamental rights and freedoms, did not clearly distinguish between citizens and foreigners in the field of work, and acted in line with the principle of equality. However, this does not mean that there will be no restrictions. Because, as stated in Article 16, situations that do not comply with international law may be limited by law.
With the immigration waves that broke out in recent years, it laid the groundwork for the determination of certain policies in Turkey, and the Law on Foreigners and International Protection No. 6458 was adopted. The International Labor Law has been put forward to be taken as a basis for determining the immigration policy.
The Law on Work Permits of Foreigners, which was in force before the International Labor Law, did not include flexible conditions, the desire to create new systems and rules, the creation and centralization of international labor policy, the incredible increase in work permit applications, the desire to benefit from qualified foreign labor, the prevention of unregistered foreign employment and It was repealed because it aimed to harmonize domestic law within the framework of regulations in international law.
PRINCIPLES OF WORKING FOR FOREIGNERS IN TURKEY
As emphasized in the first article of the International Labor Law, the aim is to determine and implement the policy, to follow up, to regulate the procedures and principles, responsibilities, rights and obligations to be applied in issuing work permits.
Within the framework of Article 90 of the Constitution, in case of existence of a bilateral/multiple international agreement to which Turkey is a party, the International Labor Law will be excluded from the scope of implementation.
International Labor Policy (ILP)
Undoubtedly, this policy is one of the most remarkable innovations of the ILL. International labor policy is the cornerstone of the current Law and has an important place.
International labor policy, evaluation and rejection of work permit applications of foreigners, work permit exemption are based on exceptional provisions. It is a concept that is not included in the previous law, but is mentioned a lot and has no definite lines and is open to innovations. Even in this direction, the concept of international labor force is not explained, and the principles to be taken into account in determining the policy are specified in the law. According to article 4/2 of the ILL, these principles are as follows;
• International labor mobility and regional developments
• Decisions of the Migration Policy Board,
• Developments regarding employment and working life,
• Sectoral and economic periodic changes,
• Development plans and programs,
• Bilateral economic, social and cultural relations with the country of nationality of the foreigner,
• Bilateral or multilateral agreements and international agreements to which Turkey is a party,
• Public order,
• Public safety and
• Public health
These principles include features that are flexible in policy determination and are not limited by the framework. This policy, whose borders are not defined, is determined within the framework of the decisions of the Migration Policies Board.
The authority that determines the international labor policy is the Ministry of Labor and Social Security.On the other hand, Advisory Board; Under the presidency of the MoLSS, it consists of undersecretary-level representatives of the Ministries of the European Union, Foreign Affairs, Economics, Interior, Development, Culture and Tourism, the Undersecretary of the MoLSS and the Director General of International Labor Force. The Ministry determines the policy in line with the opinions of the relevant institutions and organizations, as well as the decisions of these boards, which meet at least once a year.
According to Article 5 of the International Labor Law titled \"Foreign application, evaluation and monitoring system\", it is aimed to receive and evaluate the employment demands of foreign employees and to monitor the effects of international labor policy. The system to be created for this purpose has an important place in monitoring the different area distributions of the employees and in the fight against informal work.
The Constitution has regulated the right to work without discriminating between citizens and foreigners. With this regulation, there has been an increase in the employment rate of foreigners in the country, and it has also created the need for regulation on this issue.
With the International Labor Law No. 6735, with the policy adopted within the scope of international labor policy, some different conditions have been brought to the employment of foreigners compared to the previous laws.
As such, the applications are; international labor mobility and regional developments, decisions of the immigration policy board, developments in employment and working life, sectoral and economic periodic changes, development plans and programs, bilateral economic, social and cultural relations with countries, the principle of reciprocity, bilateral or multilateral agreements, public order, may be rejected for safety and health reasons.
The reasons taken into account in determining the policy are open to development, new issues and conditions. The Ministry also evaluates the applications in question, taking into account the opinions of the Advisory Board within the scope of this policy, and gives the result in this direction. In case of a negative result, the foreigner or the employer can apply to the relevant authorities with an objection, annulment action or a new application