Regulation on the Collection of Various Expenses from Employers Regarding Foreigners Employed Without a Permit and Deported
REGULATION ON THE COLLECTION OF VARIOUS EXPENSES FROM EMPLOYERS
REGARDING FOREIGNERS EMPLOYED WITHOUT A PERMIT AND DEPORTED
Introduction
The “Regulation on the Collection of Various Expenses from Employers Regarding Foreigners for Whom a Deportation Decision Has Been Issued Due to Unauthorized Employment” (the Regulation), published in the Official Gazette dated 23 July 2025 and numbered 32964, and set to enter into force six months after publication, represents a new stage in combating unregistered foreign employment in Turkey. With this regulation, it is aimed to transfer the financial burden imposed on the public during the deportation process of foreigners found to be working without a permit to the employer.
Scope and Field of Application
This Regulation has been issued based on Article 60 of Law No. 6458 on Foreigners and International Protection and Article 23 of Law No. 6735 on International Labor Force. Its primary purpose is to ensure that accommodation, healthcare, care, and return expenses incurred during the deportation process of foreigners employed without a work permit are collected from the employers responsible for this abuse rather than from the public budget. In this respect, the Regulation not only serves to prevent unregistered foreign employment but also aims to protect public finances and ensure fair allocation of financial responsibility.
The Regulation covers:
- Foreigners working in Turkey without a work permit and for whom a deportation decision has been issued,
- The employer or employer’s representative employing such foreigners,
- The Directorate of Migration Management (the Directorate) and relevant public institutions.
The expenses may include not only those for the foreigner but also those for family members, such as spouses and children, involved in the deportation process.
Scope of Expenses and Fixed Amounts
The Regulation classifies the expenses to be collected from the employer under three main headings:
- Accommodation Expenses: Accommodation, meals, and similar expenses during the time the foreigner stays at the removal center before deportation. The daily cost of accommodation at the removal center shall be determined as a fixed amount by the Directorate at the beginning of each fiscal year.
- Healthcare Expenses: Emergency or mandatory healthcare services provided to the foreigner by public institutions during the process are also collected from the employer.
- Return and Transportation Expenses: All expenses related to the foreigner’s return to their country, including airfare and escort costs, are included.
Collection Process and Administrative Procedure
The Regulation organizes the collection process in a clear and systematic manner. According to the Regulation, expenses not recoverable from the foreigner are identified and documented by the Directorate of Migration Management. A written notification is then sent to the employer, specifying the payment amount, deadlines, and appeal procedures. Payment is expected within one month. If the amount is not paid within the specified period, the debt becomes a public receivable and is pursued and collected according to Law No. 6183 on the Procedure for the Collection of Public Receivables.
Conclusion
The issue of foreigners employed without a permit in Turkey is important not only in terms of migration law but also from the perspectives of public finance and labor law. With this new regulation, administrative costs arising from unauthorized employment are transferred to the employer, reducing the public burden. Implementation is expected to promote a conscious approach to foreign employment and create a more orderly labor market.
Sincerely,
Atabay Hukuk Office