The legal aspect of foreigners' right to work and administrative dicretionary power in issuing work permit in Turkish Law

The rights of foreigners to work are assured in the constitution. In the 1982 Constitution, it is accepted that working is both a right and a duty for everybody. Besides constitutional assurance; principles, regarding the use of the foreigners' rights to work are regulated through various acts. It is also stated in international regulations, regarding the human rights that the right to work is a fundamental right. Foreigners are permitted to work in nonresticted fields on condition that they follow necessary procedural actions. In order to work legally in Turkey, foreigners firstly need to have a work permit. In order to have a work permit, they need to meet the requirements in the Law on Work Permits of Foreigners No: 4817 and in other regulations. Foreigners who meet the requirements to have a work permit are to apply to the Ministry of Labor and Social Security for work permit. The rules and the criteria to be followed designate the limits of the administrative discretionary power of the Ministry of Labor and Social Security. Work permits will be able to be provided to the foreigners whose applications are approved. The Ministry or the administration here has a broad authority in the assessment of work permit applications. Key Words: Right to Work, Right to Work of Foreigners, Work Permit, Administrative Discretionary Power, Rights of Foreigners.