The fine for employing foreigners without authorization in 2026, is 102,503 TL for the employer for each foreigner found working without a work permit. Additionally, an administrative fine of 40,977 TL is imposed on the foreigner working under an employer without a work permit, and 82,010 TL on the self-employed foreigner. In case of a repetition of the same act, the fines are doubled. These amounts are only within the scope of the International Labor Law No. 6735; additional financial consequences may arise due to failure to notify SGK, missing premium payments, tax liabilities, occupational health and safety violations, or other legislative breaches.

A foreigner determined to be working without a work permit is reported to the Ministry of Interior for deportation. However, this report does not mean that the individual will be automatically deported without any review. The competent authority must make a separate assessment within the scope of the Law on Foreigners and International Protection No. 6458, examining the grounds for deportation, legal exceptions, family life, health status, the principle of non-refoulement, and other specific circumstances of the case.

2026 violation type	Addressee	Fine amount
Employing a foreigner without a work permit	Employer or employer's representative	102,503 TRY for each foreigner
Unauthorized dependent work	Foreign employee	40,977 TRY
Unauthorized independent work	Foreigner	82,010 TRY
Violation of the notification obligation under Law No. 6735	Employer and independent or indefinite-permit foreigner	6,805 TRY for each foreigner

The amounts in the table are the official list published by the Ministry of Labor and Social Security for the year 2026. Since the fine is calculated separately for each foreign national, the total sanction may increase rapidly in cases where multiple individuals are employed.

What Does Unauthorized Employment of Foreigners Mean?

Pursuant to Article 6 of Law No. 6735, it is prohibited for covered foreign nationals to work or to be employed in Turkey without a work permit. Holding a tourist visa, short-term residence permit, family residence permit, or student residence permit does not grant the right to work on its own. As a rule, prior to actual employment, a valid work permit or a work permit exemption stipulated by law must be obtained on behalf of the foreign national and the employer.

The mere fact that the employer has applied for a work permit is not sufficient on its own. Employing the foreign national before the initial application is finalized may constitute unauthorized employment. One of the key exceptions to this is the opportunity to work for a maximum of 90 days granted by the legislation under the same employer and within the scope of the same job, provided that the extension application is submitted in a timely manner before the expiration of the current permit. For detailed conditions, work permit extension application you may review our guide.

Does a probation period, internship, or volunteer work eliminate the risk of penalties?

The designation given to the relationship is not solely determinative. Even if labeled as "probation," "assistance," "volunteering," or "visiting," if it is concretely determined that the foreign national works under the orders and instructions of the employer, participates in the business organization, and provides economic benefit to the employer, it may be deemed unauthorized employment. Conversely, the mere presence of a person at the workplace, conducting a short visit, or waiting for a relative does not automatically prove the existence of employment.

Who Is Exempt from Obtaining a Work Permit?

Not every foreign national is subject to the same regime. Different provisions may apply to Blue Card holders within the scope of Article 28 of Law No. 5901, individuals granted the right to work by special laws, and those outside the scope of Law No. 6735. In addition, a foreign national who qualifies for one of the work permit exemptions may be required to obtain an exemption certificate or information form depending on the type of exemption. A verbal declaration stating "I am exempt" is not sufficient.

Temporary protection or international protection identification documents do not grant direct freedom to work in every circumstance. Subject to limited exemptions such as seasonal agriculture and livestock breeding, the permit or exemption process appropriate to the individual's status must be completed. Actively employing the foreign national without determining their legal scope does not legitimize the prior period, even if a permit application is subsequently filed.

Certain foreign nationals specified in the law and relevant regulations may benefit from work permit exemptions, limited to their activities and durations. For individuals within the scope of exemption, the application procedure, and the legal effect of the exemption certificate, work permit exemption 2026 you may review our guide.

Is the Fine Imposed on the Employer or the Foreigner?

In unauthorized dependent employment, separate administrative fines are imposed on both the foreign national and the employer or employer's representative who employs them. The employer's fine is calculated per foreign national. For example, if three foreign nationals are duly determined to be working without authorization during the same inspection, the base total for the employer for the year 2026 shall be 307,509 TRY. A separate dependent employment fine shall also be assessed for each of the three foreign nationals.

An independent foreign worker carries out economic activities on their own behalf and account. The penalty prescribed for such person differs from that of a dependent foreign worker. Whether the concrete relationship constitutes dependent employment, a partnership, or an independent activity must be determined by examining company records, the order-instruction relationship, remuneration, working arrangements, and who bears the economic risk.

When can an employer's representative be held liable?

The law may target the employer's representative alongside the employer. However, the mere presence of a person in the workplace as a manager, responsible personnel, or employee may not necessarily indicate that they are the actual employer or the subject of the sanction. Representation and management authority, employment contracts, trade registry records, payrolls, workplace ownership, and actual organization must be investigated. Directing a penalty to the wrong person can be one of the primary grounds for appeal.

How Is the Penalty Calculated in Case of Recurrence?

In the event of the repetition of acts within the scope of Law No. 6735, administrative fines shall be increased by one fold. Therefore, it should not be assumed that only the current fixed amount will be reapplied upon the second detection. In the evaluation of recidivism, the type of previous violation, its recipient, the status of detection and finalization, and the date of the new act must be checked through the file. If the grounds for recidivism and the calculation method are not indicated in the penalty decision, this issue may also be raised in judicial review.

SGK Fines and Retroactive Premium Debt

The employer fine amounting to 102,503 TL does not cover SGK sanctions. If the foreign employee working de facto has not been reported at all, or if the working days and wages have been shown deficiently, separate proceedings may be initiated pursuant to Law No. 5510 with respect to the declaration of employment entry, the Withholding and Premium Service Tax Return, workplace records, and payrolls. Default interest and late-payment surcharges may be added to the principal premium.

The type and amount of the SGK fine vary depending on factors such as whether the violation was detected by the Institution, whether it was reported by the employer spontaneously, the type of ledger, the unreported period, and the number of employees. Therefore, there is no fixed "total penalty for employing unauthorized foreign workers" in every file. For the employment entry and departure periods, SSI (Social Security Institution) registration and notification periods for foreign employees you can review our article.

Does SGK registration replace a work permit?

No. The fact that a foreigner has been reported to SGK concerns social security obligations; it does not eliminate the absence of a valid work permit. Conversely, the existence of a work permit does not ensure that the SGK notification is deemed to have been made. Both obligations must be fulfilled separately.

Work Accidents and Rights of Foreign Employees

An incident experienced by a foreigner who lacks a work permit and SGK registration while working de facto may be considered a work accident if the conditions are met. The lack of a permit does not automatically eliminate the labor performed by the employee and social security protection. In addition to administrative fines, the employer may face premiums, work accidents, compensation, and SGK recourse claims. The scope of recourse liability, on the other hand, is determined based on the specific case, including the occurrence of the accident, occupational health and safety measures, notification status, and fault.

A foreign employee may also apply to the judicial authorities for the determination of actual service, wages, overtime, and other employment receivables. The lack of a work permit does not result in the automatic disregarding of all past employment rights; however, each claim is evaluated within the framework of its own legal conditions and evidence.

Is the Deportation Process Automatic?

Foreigners determined to be working without authorization are reported to the Ministry of Interior to be deported. Working without a work permit is regulated as a ground for deportation in Law No. 6458. However, an administrative fine and a deportation decision are distinct proceedings. A separate evaluation must be made by the Governorate regarding the foreigner and a written decision must be issued.

Legal protections such as the principle of non-refoulement, serious health problems, pregnancy, human trafficking victimization, medical treatment processes, or risks the person may face in the country to which they will be sent must be examined in the specific case. If a deportation decision has been issued, the notification date and the lawsuit filing period must also be tracked. For detailed information, deportation decision and annulment lawsuit you can access our guide.

Employer's Liability for Accommodation, Travel, and Health Expenses

The employer or employer's proxy may be held liable to cover the accommodation expenses of the foreigner who does not have a work permit and, if any, their spouse and children, the necessary expenses for their return to their countries, and health expenditures when necessary. In the event that these expenses are covered from the budget of the Directorate General of Migration Management, the payments made shall be collected from the employer. The provisions of the relevant regulation shall apply to the calculation and collection procedure.

Therefore, the employer's financial risk does not solely consist of administrative fines. The duration of the foreigner's stay in the removal center, travel organization, family members, and healthcare needs may increase the total burden.

How is Unauthorized Employment Detected During Inspections?

Obligations within the scope of Law No. 6735 may be audited by Ministry labor inspectors, SGK inspectors, and social security auditors. Law enforcement findings and notifications from other public institutions may also form the basis of the process. Actual observation at the workplace, the work performed by the foreign national, their attire, use of tools and equipment, relationship with customers, working hours, wage payments, camera records, witness statements, and employer declarations may be evaluated together.

Does merely being present at the workplace constitute working?

No. For an administrative sanction, beyond the presence of the foreign national at the workplace, sufficient and concrete determinations indicating actual work are required. However, seeing the foreign national use work equipment, provide service to customers, or carry out regular work, if supported by statements and other records, may constitute strong evidence. Each case is handled within its own evidentiary integrity.

Does a statement taken without an interpreter automatically invalidate the penalty?

It does not automatically result in invalidation in every case. However, failing to explain how the statement was taken despite the foreign national not knowing Turkish, the failure to translate the content to them, the absence of a signature, and the lack of support from other concrete evidence for the report can severely weaken its probative value. The report must clearly indicate what work was performed, where, and how.

How to Appeal the Fine for Employing Foreigners Without Authorization?

As a general rule, applications against purely administrative fines within the scope of Law No. 6735 must be filed with the competent criminal judgeship of peace within 15 days from the notification or service of the decision. Since the period is a preclusive time limit, the notification envelope, electronic notification date, and the date of learning must be carefully checked. In case the deadline is missed due to force majeure, the limited possibility of restitution (reinstatement of rights) under the Misdemeanors Law may be separately evaluated.

If another decision falling within the jurisdiction of the administrative judiciary is also rendered within the scope of the same proceeding as the monetary fine, the competent judicial venue may change pursuant to Article 27/8 of the Misdemeanors Law. Furthermore, the application route for premium and administrative fine transactions established by the SGK should not be considered the same as the penalty under Law No. 6735. The legal remedy explanation in the notification and the legal basis of each transaction must be examined separately.

Does advance payment eliminate the right to object?

Pursuant to the Misdemeanors Law, three-quarters of the fine is collected in advance payments made before applying for legal remedies; advance payment does not eliminate the right to appeal against the decision. However, payment and application deadlines should not be confused, and a separate calendar for both transactions must be established upon receipt of the notification.

Which documents can be used in the petition for objection?

Administrative sanction decision and notification document,
Inspection and statement reports,
Workplace license, trade registry, and authorization certificates,
Work permit or exemption document and application records,
SSI (SGK) records, payrolls, and bank payments,
Camera footage, shift schedules, and entry-exit logs,
Travel, visit, or service documents demonstrating the foreigner's reason for being at the workplace,
Records indicating translation and language issues,
Witness testimony or other concrete evidence regarding the employer status and actual work.

Main Grounds That May Require the Annulment of the Fine

Failure to establish the foreigner's actual employment through concrete and sufficient evidence,
Reliance solely on presence at the workplace or appearance,
Presence of unresolved material contradictions among statements,
Attributing the employer or employer's representative status to the wrong person,
Disregarding a valid work permit, exemption, or scope-exclusion record,
The record being vague regarding the incident, duty, location, and time,
The penalty calculation being erroneous in terms of the number of foreigners, year, or recidivism,
The presence of concrete unlawfulities regarding notification, defense, and jurisdiction.

The objection must not rely solely on a general denial such as "the foreigner was not working." Concrete evidence must be presented against each finding in the inspection report; the employment relationship, employer status, permit status, and calculation must be examined under separate headings.

Precedent Judicial Decisions

The following decisions demonstrate the importance of determining actual work and employer status with concrete evidence in administrative fines. Decisions produce results in their respective disputes; while serving as a guide in similar cases, they do not guarantee an automatic and identical outcome in every file.

Ruling	Direction	Core legal assessment
Yargıtay 7. CD, E. 2021/18603, K. 2021/16939, 08.12.2021	In favor of the employer	The penalty was annulled due to conflicting statements and the absence of a concrete determination of employment.
Yargıtay 7. CD, E. 2021/14605, K. 2021/16935, 08.12.2021	In favor of the employer	It was accepted that there was insufficient concrete evidence to establish that being at the reception desk constituted work.
Danıştay 10. Daire, E. 2021/6553, K. 2024/3804, 08.10.2024	In favor of the plaintiff	It was evaluated that sanctions could not be imposed on the managing director without thoroughly investigating the status of the employer.
Yargıtay 7. CD, E. 2021/11579, K. 2021/11440, 29.09.2021	Against the employer	The determination of actual work was accepted; the appraisal of evidence was not re-examined within the scope of an appeal in the interest of the law.

Ruling regarding the inadmissibility of sentencing based on contradictory statements

In the ruling of the 7th Criminal Chamber of the Yargıtay numbered E. 2021/18603, K. 2021/16939, emphasis was placed on the failure to substantiate what the foreign nationals found in the tea garden were doing, the failure to hear other relevant persons, and the contradictory nature of the wage statements. The Chamber sustained the appeal in the interest of the law regarding the decision to dismiss the case concerning the penalty rendered upon incomplete determination, and set aside the sanction. Full text of the decision may be examined.

Ruling that being present at the workplace is not solely sufficient

In the ruling of the 7th Criminal Chamber of the Yargıtay, E. 2021/14605, K. 2021/16935, the absence of concrete findings regarding the work performed by the foreign national other than being seen at the reception desk, along with statement and translation issues, were evaluated. The penalty was annulled, establishing that the fact of employment cannot be established based on mere appearances and assumptions. The decision can be accessed here.

Decision regarding the investigation of the actual employer status

In the ruling of the 10th Chamber of the Danıştay, E. 2021/6553, K. 2024/3804, the SSI sanction imposed on the person listed as the responsible manager in the official report due to foreign nationals at a night club was examined. The annulment decision was upheld on the grounds that it was not sufficiently demonstrated that the plaintiff was the actual employer. This decision illustrates the necessity of directing the sanction to the correct party. Danıştay decision text may be observed.

Decision resulting against the employer

In the ruling of the 7th Criminal Chamber of the Yargıtay, E. 2021/11579, K. 2021/11440, the findings regarding foreign nationals working as döner masters and waiters in a restaurant were deemed sufficient by the trial court. The request for appeal in the interest of the law was dismissed on the grounds that it is not a mechanism to re-examine the appreciation of evidence. This decision demonstrates that when there is a concrete finding of employment, mere denial is insufficient. Full text of the decision may be examined.

Examples Regarding the Calculation of Fines

Unauthorized employment of a foreign national

If it is duly established in 2026 that a foreign national was employed dependently without a work permit, a base administrative fine of 102,503 TL will accrue for the employer and 40,977 TL for the foreign national. The addressees of the two decisions are different. The employer cannot automatically challenge the penalty imposed on the foreign national through an application filed in their own name; each addressee must act in accordance with their own administrative act and legal interest. If there is a failure to notify the SSI, SSI proceedings will be added to these two amounts separately.

Detection of three foreign nationals in the same inspection

If it is accepted that three foreign nationals were employed without a permit, the employer's penalty reaches 307,509 TL solely under Law No. 6735, as it is applied per foreign national. A separate penalty decision of 40,977 TL may be issued for each foreign national. However, the work performed by all three individuals, the employment relationship, and the connection with the employer must be demonstrated separately in the official report. A concrete finding regarding one person is not automatically sufficient for other individuals present in the same environment.

If there is a permit but the employer or assignment is different

The mere fact that a foreign national possesses what appears to be a valid work permit does not mean they are authorized to work at any workplace. As a rule, a limited work permit is tied to a specific employer, workplace, and job. If the foreign national is working for an employer other than the one specified on the permit document without obtaining the appropriate permit for the new employer, such employment may be deemed unauthorized. Therefore, not only the expiration date of the card, but also the employer and job details must be verified. Details of the process employer change in work permit is explained in our article.

What Should Be Done First After an Inspection?

Following an inspection, a copy of the inspection report must first be obtained, and it must be determined regarding which foreign national, what violation, at what time and place were identified. The foreign national's passport, identity card, work permit, exemption record, and SSI (SGK) statement must be securely filed. It should be borne in mind that camera footage may be automatically deleted within a short period; records demonstrating presence at the workplace for a visit, delivery, customer relations, or any other reason must be preserved without delay.

When a fine is served, the 15-day application period is not tolled merely by the employer's internal correspondence or a general petition submitted to the administration. An application must be made to the competent judicial authority within the statutory period. If the same incident involves a deportation decision regarding the foreign national, an SSI premium accrual, and a penalty under Law No. 6735 against the employer, each of these may be subject to different limitation periods and jurisdictional rules. It should not be assumed that a single petition will nullify all proceedings.

Preventive Checklist for Employers

Verify the work permit or exemption status before officially employing the foreign national.
Check the employer, workplace, duty, and occupation information on the permit card.
Do not assume that the filing of an initial application confers the right to work.
Ensure that the start dates in the employment contract, permit document, and SSI records are consistent.
Verify that the remuneration is not below the Ministry's current occupational coefficients.
In the event of an employer change, do not have the foreign national work at the new workplace without obtaining a new permit.
Do not mistake temporary protection, student, or residence cards for a work permit.
Complete the notifications for commencement and termination of employment separately in the SSI and Ministry systems.
Do not sign the inspection report without reading it; explicitly record any inaccurate findings.
Keep the permit and SGK documents up to date in the foreign employee's personnel file.

For the required documents prior to the application documents required for foreign work permit, for financial and employment conditions work permit evaluation criteria, for wage thresholds wage criteria for foreign employees you can benefit from our articles.

Frequently Asked Questions

What is the penalty for employing a foreigner without a permit in 2026?

An administrative fine of 102,503 TL is imposed on the employer or employer's representative for each foreign national. SGK and other statutory sanctions are not included in this amount.

Is a fine also imposed on the foreign employee?

Yes. An administrative fine of 40,977 TL is imposed on a foreign national working dependently without a permit, and 82,010 TL on a foreign national working independently.

What happens if a foreigner is employed without a permit for a second time?

In case of repetition of the act, the fine under Law No. 6735 is doubled. The conditions of recidivism must be examined based on the previous and new proceeding files.

Can a foreigner for whom a work permit application has been filed start working immediately?

As a rule, no for initial applications. Filing an application does not grant the right to work; actual employment must not commence before the permit is issued. The special continuation right in timely extension applications is separate.

Can a foreign national with a residence permit be employed?

A residence permit alone does not grant the right to work. A valid work permit or statutory exemption is required.

Is there a penalty for employing an unauthorized foreign caregiver at home?

Yes. Individuals employing foreign nationals in domestic services may also face penalties as employers. The necessity of caring for the sick, elderly, or children does not automatically waive the work permit requirement.

Is an unauthorized foreign worker deported immediately?

The foreign national is reported to the Ministry of the Interior for a deportation assessment. A deportation order is issued separately, and the exceptions under Law No. 6458 and the principle of non-refoulement are evaluated.

What is the deadline to appeal against the penalty for employing unauthorized foreign workers?

In terms of administrative fines alone, the general application period is 15 days from notification or service. The competent judicial authority must also be verified depending on the nature of the notification and the administrative act.

Which court has jurisdiction over the appeal?

As a rule, applications are made to the competent criminal judgeship of peace. If there is another related administrative action subject to the jurisdiction of administrative courts, the administrative court may have jurisdiction pursuant to Article 27/8 of the Misdemeanors Law.

Does paying the fine with a discount prevent filing an appeal?

No. The early payment discount does not eliminate the right to pursue legal remedies; however, the 15-day application period must still be strictly observed.

Is a foreign national considered to be working if they are present at the workplace?

Merely being present at the workplace is not sufficient. Actual work, subordination, and the performed tasks must be established with concrete evidence.

Can a foreign national whose work permit application has been rejected continue to work?

If there is no other valid right to work following the rejection, employment cannot be commenced or continued. For the legal consequences of the rejection procedure, rejection of the work permit application you may review our guide.

Official Sources

Conclusion

The primary consequence of employing a foreign national without a permit in 2026 is the imposition of separate administrative fines against both the employer and the foreign national. This may be compounded by SSI premiums, social security penalties, occupational accident liability, repatriation expenses, and deportation proceedings regarding the foreign national. Nevertheless, actual employment, the correct counterpart, permit status, and recidivism calculations must be established with concrete evidence for any penalty. In the event of insufficient determinations, a wrongful employer, a valid exemption, or an erroneous calculation, legal remedies may be sought within the statutory period.

For the general framework of the work permit process, work permit for foreigners you may review our services page; and for the distinction between the termination of a permit and a rejection, revocation of work permit you may review our article. Each specific case must be evaluated individually together with its date of service and evidence.

Author Information

Attorney Batın YILMAZ

Istanbul Bar Association Bar Registry No: 77008

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This content is for informational purposes only. It does not aim to advertise, secure business, acquire clients, solicit, claim professional superiority, or guarantee results for any person or institution.

While preparing the content the Professional Rules of the Union of Turkish Bar Associations and the provisions regarding the prohibition of advertising for the legal profession have been observed. The information in this article does not constitute legal counsel or a definitive legal opinion with respect to any specific case.

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