Regulation on Employer Liability for Deportation Costs of Unauthorized Foreign Workers

On 23 July 2025, The Regulation on the Collection of Various Expenses from Employers of Foreign Nationals Subject to Deportation for Unauthorized Work was published in Official Gazette No. 32964, introducing a new legal mechanism to increase employer accountability in cases involving unauthorized employment of foreign nationals. The regulation, jointly issued by the Ministry of Labor and Social Security and the Ministry of Interior, will enter into force six months after its publication.

This legal instrument enables the Turkish authorities to recover expenses incurred during the deportation process—including accommodation, repatriation, and healthcare costs—from employers or employer representatives who have employed foreign nationals without a valid work permit. It aims to internalize the financial consequences of illegal employment and reduce the burden on public resources.

The legal basis of the regulation derives from Article 60(6) of Law No. 6458 on Foreigners and International Protection and Article 23(9) of Law No. 6735 on the International Labor Force. These provisions empower the administration to recover costs borne by the public budget from those responsible for unauthorized employment.

Scope of Application

The regulation applies to:

• Foreign nationals found to be working without a valid work permit and issued a deportation order,

• Their spouses and children, if applicable,

• The employers or employer representatives who facilitated their unauthorized employment,

• Any deportation-related expenses covered by the Presidency of Migration Management (PMM) that could not be recovered from the foreign national.

Covered costs include accommodation during administrative detention, repatriation expenses, and where necessary, healthcare costs. If the deportation is carried out through a removal center, all such costs are recoverable. If conducted externally, only repatriation expenses apply.

Detection and Recovery Process

Unauthorized employment may be detected through labor inspections or reports by other public authorities, including law enforcement. Once a violation is confirmed, the relevant provincial directorate of the Turkish Employment Agency reports the case to the local migration office, which initiates deportation procedures pursuant to Article 54 of Law No. 6458.

If costs are incurred by the PMM and cannot be recovered directly from the foreign national, the employer is served with a formal notice requesting payment within 30 days. Failure to comply triggers enforcement by the tax authorities under the provisions of Law No. 6183 on the Collection of Public Receivables. The PMM annually determines a fixed daily cost for accommodation in removal centers, and employers may be held liable for a period of up to three months of detention-related expenses.

Institutional Cooperation and Data Exchange

To ensure effective implementation, the regulation establishes a data-sharing framework between the Ministry of Labor and Social Security and the Ministry of Interior. This inter-agency cooperation facilitates identification, documentation, and financial enforcement procedures related to unauthorized employment and deportation cases.

Unofficial Translation:

OFFICIAL GAZETTE
23 July 2025 – Wednesday
Issue: 32964

REGULATION

Issued jointly by the Ministry of Labor and Social Security and the Ministry of Interior:

REGULATION ON THE COLLECTION OF VARIOUS EXPENSES FROM EMPLOYERS OF FOREIGN NATIONALS WHO HAVE BEEN ISSUED A DEPORTATION ORDER DUE TO UNAUTHORIZED EMPLOYMENT[1]

PART ONE

Preliminary Provisions

Purpose
ARTICLE 1- (1) The purpose of this Regulation is to determine the procedures and principles regarding the collection from employers or employer representatives of the accommodation expenses, repatriation costs, and, where necessary, medical expenses of foreign nationals who are found to be working without authorization in violation of Law No. 6735 on the International Labor Force, dated 28/7/2016, and are reported to the provincial directorate of migration management for deportation, as well as their spouses and children, if any, in cases where such expenses are covered by the budget of the Directorate General of Migration Management under the Ministry of Interior.

Scope
ARTICLE 2- (1) This Regulation covers foreign nationals who are found to be working without authorization in violation of Law No. 6735 and are reported to the provincial directorate of migration management and subsequently issued a deportation order, the employers or employer representatives who employed them without authorization, their spouses and children if applicable, and the expenses made from the budget of the Directorate General of Migration Management which could not be recovered from the foreign nationals.

Legal Basis
ARTICLE 3- (1) This Regulation has been prepared based on Article 60, paragraph six of the Law No. 6458 on Foreigners and International Protection dated 4/4/2013 and Article 23, paragraph nine of the Law No. 6735.

Definitions
ARTICLE 4- (1) For the purposes of this Regulation:

1. a) Ministry refers to the Ministry of Labor and Social Security,
   b) Directorate refers to the Directorate General of Migration Management under the Ministry of Interior,
   c) Work permit refers to the official document issued by the Ministry granting a foreign national the right to work and reside in Türkiye within its validity period,
   ç) Exemption from work permit refers to the official document issued by the Ministry granting a foreign national the right to work and reside in Türkiye without obtaining a work permit,
   d) Provincial directorate refers to the Provincial Directorate of Labor and Employment Agency of Türkiye,
   e) Provincial director refers to the Director of the Provincial Directorate of Labor and Employment Agency,
   f) Employer refers to any natural or legal person or institution or organization without legal personality that employs a foreign national,
   g) Employer representative refers to the person who manages all the work or services on behalf of and for the account of the employer,
   ğ) Unauthorized employment refers to the employment of foreign nationals whose employment in Türkiye is subject to a permit under Law No. 6735, without obtaining such a permit from the Ministry,
   h) Foreign national refers to any person who does not have citizenship ties with the Republic of Türkiye.

PART TWO

Work Permit

Authority and Obligations in Work Permit and Exemption
ARTICLE 5- (1) Work permits and exemptions from work permits are issued by the Ministry based on the principles of international labor force policy as determined under Law No. 6735.

(2) It is prohibited for foreign nationals covered under Law No. 6735 to work or be employed in Türkiye without a work permit or exemption from work permit.

(3) Foreign nationals who are permitted to work without a work permit under other laws, bilateral or multilateral agreements, or international conventions to which Türkiye is a party, may work or be employed without a work permit under Law No. 6735.

(4) The right to work of those covered by Article 28 of the Turkish Citizenship Law No. 5901, dated 29/5/2009, is reserved.

Procedures Regarding Unauthorized Foreign Workers
ARTICLE 6- (1) Inspections, audits, and investigations to be carried out under Law No. 6735 are conducted according to the provisions on inspections, audits, and investigations stipulated by the relevant legislation, and necessary administrative procedures are carried out by the Ministry.

(2) If public inspectors or law enforcement officers detect that employers or foreign nationals have failed to fulfill their obligations under Law No. 6735 during inspections or audits at workplaces conducted under their own legal frameworks, they shall report the situation to the provincial directorate.

(3) Based on the inspection reports and minutes sent under paragraph one and the notifications under paragraph two, the administrative sanctions stipulated in Law No. 6735 shall be imposed by the provincial director.

(4) Information regarding foreign nationals found to be working without a permit and their employers shall be reported to law enforcement units by the provincial directorates. Foreign nationals subject to proceedings due to unauthorized work shall be delivered to the provincial directorates of migration management by law enforcement units for the purpose of initiating deportation procedures in accordance with the relevant legislation.

(5) The provincial directorate shall also notify in writing the provincial directorate of migration management regarding the unauthorized foreign worker for administrative action, including the identity of the employer or employer representative, their tax identification number, and the related tax office.

(6) The employer or employer representative shall be notified by the provincial directorate of migration management that the expenses incurred by the Directorate for the period between the deportation decision and the actual deportation will be collected in accordance with Law No. 6183 on the Collection of Public Claims if not paid on time.

PART THREE

Execution of Deportation Decision and Collection Procedures

ARTICLE 7- (1) The departure procedures of foreign nationals who have been issued a deportation order under Article 54(1)(ğ) of Law No. 6458 shall be carried out immediately and with priority.

(2) For such foreign nationals, the following expenses incurred by the Directorate:
a) When the procedures are conducted in removal centers: accommodation, repatriation, and medical expenses,
b) When procedures are conducted outside of removal centers: repatriation expenses only,
shall be collected from the employer or employer representative in accordance with Law No. 6183.

(3) The provincial directorate of migration management shall notify the employer or employer representative in writing that the expenses incurred from the Directorate’s budget for the unauthorized foreign national and their spouse and children, if any, which could not be recovered from the foreign national, must be paid to the relevant accounting office within one month.

(4) If the amount is not paid within the specified period, the provincial directorate of migration management shall send to the tax office to which the employer or employer representative is affiliated a letter containing: a copy of the notification, the name, surname or title of the employer or representative, national or foreign ID number or tax number, the amount to be collected, and the date on which the notification was served.

(5) The accommodation costs mentioned in paragraph (a) of the second clause shall be determined as a fixed amount at the beginning of each fiscal year by the Directorate, based on the daily cost of staying in removal centers.

(6) The Directorate shall collect from the employer or employer representative the costs incurred for a maximum administrative detention period of three months.

PART FOUR

Miscellaneous and Final Provisions

Information Sharing
ARTICLE 8- (1) Information exchange related to the procedures and actions under this Regulation shall be carried out in accordance with the data sharing protocol signed between the Ministry and the Ministry of Interior.

Entry into Force
ARTICLE 9- (1) This Regulation shall enter into force six months after its publication date.

Execution
ARTICLE 10- (1) The provisions of this Regulation shall be jointly executed by the Minister of Labor and Social Security and the Minister of Interior.

[1] Ministry of Labour and Social Security & Ministry of Interior. (2025, July 23). Regulation on the collection of various expenses from employers of foreign nationals subject to deportation for unauthorized work [Official Gazette of the Republic of Türkiye, No. 32964]. https://www.resmigazete.gov.tr/eskiler/2025/07/20250723-1.htm