Making contracts for foreigners in Turkish labor law

As a result of the fact that our country receives a lot of migration by means of its geographical location, cultural structure, and ethnic structure; foreigners who stay in our country need to work to maintain their lives. The concept of work can be explained as the fact that people are working with the intention of generating income in order to meet their needs. Indeed, the right to work is guaranteed by the Constitution of the Republic of Turkey. Pursuant to Article 48 of the Constitution, "Everyone has the freedom to work and conclude contracts in the field of his/her choice. Establishment of private enterprises is free." No distinction has been made between Turkish citizens and foreigners in terms of the concept of "everyone" mentioned in the article and freedom of work. If the countries give all the rights entitled to their citizens to foreigners, they will expect the standard obligations that they foreigners must fulfill. Therefore, they do not vest the liberty to work equally to foreigners and their own citizens. In this regard, governments have introduced certain restrictions on professions in which foreigners' work is prohibited, as they must obtain a work permit before starting work. These limitations are significant in terms of drawing up a business contract with foreigners, its validity, and its consequences. In this study; the issues on who will be counted as foreigners, the professions that are forbidden for the foreigners in Turkey, getting work permit required for them to work from competent authorities, drawing up a contract with foreigners when the necessary conditions are met, and the consequences and termination of employment contracts in case the necessary conditions are met with the determination of the law to be applied to the employment contracts including the element of foreignness have been analyzed.