Why is the work permit of foreign nationals in the tourism sector subject to special criteria?
The tourism sector covers different activities such as accommodation, food and beverage, animation, entertainment, spa, thermal services, travel agency activity and health tourism. For this reason, the workplace's NACE code or the word "tourism" alone does not show by which rule the application will be assessed. The business's type of certificate, its physical address, the foreign national's duty and the nature of the service are considered together. [2]
Three main groups must be distinguished with respect to the work permit:
- Tourism businesses certified by the Ministry of Culture and Tourism or carrying out a special activity with an official permit,
- Businesses employing performers or similar staff in the entertainment and show sector,
- Ordinary accommodation, restaurant or service workplaces subject to the general work permit criteria.
A tourism operating certificate and a municipal licence are not the same thing
The Ministry of Culture and Tourism's tourism operating certificate shows that the facility is certified under the tourism legislation. The municipal workplace opening and operating licence is, by contrast, a local activity permit. The ÇSGB's sector criteria link some advantages specifically to Ministry-certified businesses or to expressly listed permitted facilities. A business that holds only a municipal licence cannot automatically benefit from the exception to the employment criterion granted to a certified tourism business.
Work requiring expertise must be distinguished from ordinary service work
A foreign chef, animator, performer, spa therapist or a duty requiring a particular language and market expertise is not assessed in the same way as housekeeping, waiting, dishwashing or a general service duty. The expression "qualified staff" does not come into being by being written in a contract; it must be proved by the foreign national's education, experience, bonservis, certificates and job description.
How are the employment criteria applied to tourism businesses?
As a general rule, the employment of at least five Turkish citizens is required for each foreign national at a workplace subject to the balance-sheet basis. In the tourism sector, however, the ÇSGB's current criteria provide special provisions for businesses of a particular nature and for duties requiring expertise/mastery. [2]
The exception to the employment criterion subject to ten Turkish employees
In applications for the employment of foreign nationals in jobs requiring expertise and mastery at the following workplaces, the general employment criterion is not applied if at least ten Turkish citizens are employed at the workplace:
- Tourism businesses certified by the Ministry of Culture and Tourism,
- Restaurants operating under contract within a certified tourism business and at the same address,
- Tourism-animation organization companies operating under contract with certified tourism businesses,
- Turkish baths, saunas and similar complexes operating within a certified business and at the same address,
- Turkish baths and saunas under agreement with businesses holding a travel agency operating certificate,
- Thermal hotels holding an operating permit from the official authorities. [2]
This provision does not mean that the workplace is entirely exempt from a work permit application. Pay, the foreign national's qualifications, employer documents and the other conditions of the application continue to be examined.
Small businesses and limited employment of foreign nationals
For some small businesses within a tourism-certified business, an exception from the employment and financial adequacy criteria may be granted for the employment of foreign nationals up to a certain number. For this exception to apply, the business must in fact be within the certified facility and at the same address, the contractual relationship must be documented, and the foreign national's scope of duty must be appropriate. An independent business operating at another address cannot benefit from this advantage merely by being within the same brand or group.
Ordinary hotel and service duties
The general employment criteria apply to duties that do not require expertise. The number of hotel staff, the total of foreign nationals and the duty of each foreign national are assessed separately. In the current criteria that entered into force in 2026, special ratios have been introduced between the number of Turkish employees and additional foreign employment for ordinary duties in tourism businesses. The criteria table in force on the date of application should be rechecked employer by employer. [2]
In which duties can foreign staff work at hotels and accommodation facilities?
A work permit enables the foreign national to work within a specific duty and employer. Duties such as general manager, sales and marketing manager, foreign market specialist, chef, animator, performer, spa therapist or technical specialist within a hotel may require different documents.
Managers and foreign market specialists
The title of manager must be supported by a job description and pay. That a foreign national merely knows a foreign language does not prove a manager position. The business's organization chart, the foreign national's professional experience, foreign market connections and responsibilities may be added to the application file.
Foreign chefs and kitchen staff
For a foreign chef, expertise must be shown with a diploma, professional certificate, bonservis or employment records. The business's restaurant capacity, type of kitchen and menu must be consistent with the foreign national's expertise. Instead of an abstract job description such as "world cuisine chef", it should be explained in which cuisine and at what level the person will work.
Animation and show staff
Animators, dancers, acrobats, musicians or other show staff are assessed with tourism or entertainment sector documents according to the nature of the work. A tourism-animation organization company must prove its contract with a certified tourism business and that the service will be provided at the facility.
Work permits for foreign nationals in spa, massage and thermal services
The ÇSGB applies special criteria for masseurs, masseuses, spa therapists and similar duties. Whether an application can be made for these duties depends not only on the foreign national holding a certificate but also on the workplace where he or she will work having one of the expressly listed characteristics. [2]
Which workplaces are regarded as suitable?
Workplaces for which an application can be made may generally include:
- Facilities with a tourism operating certificate that document having a massage room,
- Thermal hotels holding an official operating permit,
- Massage rooms operating under contract within a certified tourism business and at the same address,
- Turkish baths and saunas under agreement with a business holding a travel agency operating certificate,
- Officially permitted sports centres that satisfy the number of Turkish employees required in the legislation.
For an ordinary beauty salon, a residence, an independent massage place or an unlicensed spa that is not listed in the criteria, the risk of the application being assessed unfavourably is high. [2]
Certificate and job description
The foreign national's massage, therapy or spa training certificate must be submitted with the issuing institution, duration of training, course content and translation. It should not be asserted that the certificate gives authority for "health treatment". Physical therapy, rehabilitation or medical intervention in the nature of a healthcare service is subject to the health legislation and cannot be carried out with a tourism sector work permit.
Distinguishing a spa therapist from a healthcare professional
A spa service may be aimed at relaxation and care; when it involves a claim of physiotherapy or treatment, the duty may fall within the scope of a healthcare profession. The job advertisement, the contract, the website and the description of the actual service must be the same. The title "therapist" alone does not create medical authority.
Applications for foreign performers in the entertainment sector
For a foreign performer who will work in the entertainment sector, in addition to the general documents, a bonservis showing international reputation or having performed programmes at equivalent businesses, a bilingual employment contract and the workplace's operating certificate are requested. The bonservis must carry an apostille or foreign mission certification and a Turkish translation. [3]
How should the performer's bonservis be prepared?
The bonservis should not consist merely of the statement "is a performer". It must clearly show the foreign national's:
- Stage or art discipline,
- Businesses worked at and dates,
- Nature of the programmes,
- International professional background,
- Authority of the person issuing the document.
An online profile, social media follower count or promotional poster does not by itself replace an official bonservis.
Mandatory terms of the performer's employment contract
In the ÇSGB's document list, the foreign performer's contract is specifically required to contain:
- Payment by the employer of the return ticket and travel costs at the end of the working period,
- Pay of not less than three times the current minimum wage,
- The workplace's tax number,
- Contact numbers for the police, support for victims of human trafficking and working life.
The contract must be drawn up in Turkish and in a language the foreign national understands and be signed by the parties. [3][4]
Operating licence and live music permits
A foreign performer's work permit does not replace the workplace's live music, entertainment, tourism operating or other local permits. The workplace's field of activity and working hours must comply with the municipal, environmental and law enforcement regulations. That a work permit has been obtained for a performer does not by itself give the business the right to hold musical programmes.
Work permit exemption in short-term activities
Some short-term art, sports show, fair, circus or tourism activities may fall within the scope of a work permit exemption. An exemption does not mean "an activity for which no application is needed"; in most cases an exemption certificate must be obtained from the Ministry and the type and duration of the activity must be verified. [1][5]
Artistic activities
A work permit exemption may arise within the period specified for scientific, cultural and artistic activities. The activity must be a short-term event such as a concert, festival, filming, show or similar, and must not turn into a continuing employment relationship in Türkiye. A foreign performer who performs regular programmes at the same workplace cannot be employed continuously by relying on the short-term event exemption.
Fairs and circuses
For foreign nationals who will work at fairs and circuses held outside the boundaries of a certified tourism business, the Regulation provides a time-limited exemption. The nature of the business and the event, the fair/circus permits, the contract and the term of duty must be documented. [5]
Tour operator representatives
There may be a fixed-term exemption for foreign nationals who will work as tour operator representatives. This status does not give authority to act as a tourist guide. Tour operator representation must be kept limited to welcoming guests, organization and representation activity; guiding services must be carried out by authorized persons within the framework of the Tourist Guiding Profession Law No. 6326. [5][6]
If the exemption period is exceeded
If the activity will exceed the exemption period, a work permit must be obtained before the period expires. When the exemption certificate ends, the work and residence right connected to it may also end. Because there may be six- or twelve-month waiting rules for a re-application for the same type of exemption, the activity calendar should be planned from the outset. [7]
Health tourism and foreign staff
For patient coordination, interpreting and marketing duties at travel agencies or intermediary organizations holding a health tourism authorization certificate, sector exceptions may exist. The ÇSGB's current criteria may grant exemption from the employment and financial adequacy criteria for foreign nationals up to a certain number. However, such staff cannot practise a healthcare profession; the healthcare sector permits are required for examining patients or medical intervention.
How should the application file be prepared?
Employer documents
- Tourism operating or investment certificate,
- If not a certified business, the chamber of commerce activity certificate,
- Workplace opening and operating licence,
- Tax plate and trade registry,
- Employee list and SGK records,
- If there is activity at the same address or under contract, the contract,
- Permits for spa, Turkish bath, sauna, sports centre or thermal facility,
- Operating and live music permits for entertainment activity.
Documents concerning the foreign national
- Passport and biometric photograph,
- Diploma, certificate, bonservis and employment records,
- Apostille/certification and Turkish translation,
- Job description and employment contract,
- Pay and working time,
- In an application from abroad, the reference number,
- Additional evidence for a performer or special duty.
File consistency
If the workplace licence says "hotel", the contract says "spa therapist" and the e-İzin system says "sales consultant", this creates a serious inconsistency. The duty, pay, operating certificate and actual work must show the same fact. Waiting tables or directing customers cannot be assigned under a permit issued for a stage performer.
Pay, SGK and notification obligations
The pay undertaken in the work permit application must comply with the pay criterion applied to the duty and must coincide with the SGK earnings-subject-to-premiums notification. The foreign national's start of work, departure from work and circumstances requiring cancellation of the permit are notified to the ÇSGB within fifteen days. SGK entry and exit procedures are carried out separately within their own period. [1]
Seasonal work
The short length of the hotel season does not remove the work permit and SGK obligations. The employment contract and permit term can be set up in line with the season. It is risky to leave the permit and SGK records open when the foreign national's actual work has ended at the end of the season, or to start work again with the old permit in the new season.
Legal remedies against a refusal or cancellation decision
Against a refusal of a work permit application by the ÇSGB or a decision cancelling the permit, an objection may be made to the Ministry within thirty days of notification. Upon rejection of the objection, recourse may be had to the administrative courts. If acts concerning the operating certificate, municipal licence or live music permit were taken by other administrations, the route of application for each decision is assessed separately. [1]
What should be explained in the objection file?
The following must be made concrete:
- Which sector category the workplace falls into,
- The tourism operating certificate or special activity permit,
- The number of Turkish employees and the SGK records,
- The foreign national's expertise and experience,
- Why the duty requires a nature different from the domestic labor force,
- Pay and the employment contract,
- The factual or legal error in the refusal reasoning,
- Any new document or corrected deficiency.
General statements such as "we are in a tourism region" or "there are many foreign customers" may not be sufficient.
Does filing a suit allow work to continue?
No. An administrative objection or an annulment action does not create a permit and does not by itself stop the act. A foreign national must not be employed without a valid work permit or exemption.
Checklist for the employer
- Have the workplace's tourism certificate and type of licence been classified correctly?
- Is the foreign national's duty work requiring expertise/mastery, or general service work?
- Are the number of Turkish employees and the financial adequacy criteria met?
- For a spa/massage duty, is the workplace one of the facilities listed in the criteria?
- Is the performer's bonservis apostilled/certified and translated?
- Does the performer's contract contain the mandatory terms?
- For a short-term activity, is a work permit or an exemption needed?
- Does the business have its live music, entertainment or event permits?
- Are the pay and SGK records consistent with the application?
- Have the termination and notification procedures been planned for the end of the season?
Common mistakes
- Thinking that every hotel automatically holds a tourism operating certificate.
- Treating a massage certificate as a right to work at any workplace.
- Presenting a spa therapist as if a healthcare worker or having medical procedures performed.
- Submitting a social media profile instead of a performer's bonservis.
- Mistaking a live music licence for a work permit.
- Making no exemption application at all for a short-term concert.
- Employing a tour operator representative as a tourist guide.
- Leaving SGK and permit notifications open in seasonal work.
Conclusion
A work permit for a foreign national in the tourism and entertainment sector is a sector-based assessment that matches the business's certificate status with the foreign national's actual duty. Being a certified tourism business may ease some employment criteria; but it does not remove the scrutiny of the work permit, pay, professional competence and actual duty. Spa and massage duties must be carried out only at facilities of the expressly listed nature; applications for foreign performers must be conducted with the bonservis and the mandatory contract terms. In short-term art, fair, circus and tour operator activities, the possibility of an exemption must be examined from the outset; the exemption period must not be used as a means of continuous employment. The strength of the file depends on the business's real authority, the foreign national's real expertise and the employment relationship being shown in the same way in all records.
Frequently Asked Questions
Is a hotel with a tourism operating certificate exempt from the criteria for every foreign national?
No. The exception is applied according to the type of business, whether the foreign national's duty requires expertise/mastery, and the number of Turkish employees. [2]
Can a spa therapist work at any beauty salon?
No. The ÇSGB criteria list certain tourism, thermal, Turkish bath/sauna or sports businesses for spa/massage duties. An application may be assessed unfavourably for a workplace not in the criteria. [2]
Is a diploma mandatory for a foreign chef?
Professional expertise must be proved by a diploma, certificate, bonservis or employment records. Which document will be sufficient is assessed according to the nature of the file.
Does a social media account replace the bonservis for a foreign performer?
No. An official bonservis or professional background document must be submitted with an apostille/certification and a Turkish translation. [3]
What should the pay be in a performer's contract?
The ÇSGB's document list requires an undertaking that pay will not be less than three times the current minimum wage. The calculation should be made on the current amount on the date of application. [4]
Is a work permit needed for a one-month concert?
Depending on the nature of the activity, an artistic activity exemption may arise. However, work must not begin without checking the exemption certificate and the conditions of duration. [5][7]
Can a tour operator representative act as a tourist guide?
No. The tour operator representation exemption does not confer the authority of tourist guiding under Law No. 6326. [5][6]
Does the work permit end automatically when the tourism season ends?
No. The employer must separately carry out the departure, permit termination and SGK notifications.
What is the time limit for objecting to a refusal decision?
Against an ÇSGB decision, an objection may be made to the Ministry within thirty days of notification. For an operating licence or the decisions of other institutions, the time limit is calculated separately. [1]
Can a foreign national continue to work after a suit is filed?
No. Filing a suit does not by itself ensure the validity of the permit or exemption.
Sources
- Law No. 6735 on International Labor Force (6735 sayılı Uluslararası İşgücü Kanunu), in particular Arts. 6, 7, 12, 13, 21 and 22: mevzuat.gov.tr
- Ministry of Labor and Social Security (Çalışma ve Sosyal Güvenlik Bakanlığı), Work Permit Evaluation Criteria, "Tourism sector": csgb.gov.tr
- Ministry of Labor and Social Security, Work Permit Documents, "Tourism Sector" and "Entertainment Sector": csgb.gov.tr
- Ministry of Labor and Social Security, "Yabancı Sanatçılarla Yapılacak İş Sözleşmesinde Yer Alması Zorunlu Hususlar" (Mandatory Terms of the Employment Contract with Foreign Performers): csgb.gov.tr
- Implementing Regulation of the International Labor Force Law (Uluslararası İşgücü Kanunu Uygulama Yönetmeliği), Art. 48; ÇSGB work permit exemption types: csgb.gov.tr
- Tourist Guiding Profession Law No. 6326 (6326 sayılı Turist Rehberliği Meslek Kanunu) and Council of State 8th Chamber, E.2021/4827, K.2023/4165, dated 27.09.2023: app.dejure.ai
- Ministry of Labor and Social Security, Work Permit Exemption Frequently Asked Questions: csgb.gov.tr
- Tourism Encouragement Law No. 2634 (2634 sayılı Turizmi Teşvik Kanunu) and Ministry of Culture and Tourism explanations on tourism business certification: yigm.ktb.gov.tr
- Ministry of Labor and Social Security, Information and Documents Required in the Work Permit Evaluation Process: csgb.gov.tr
- Ministry of Labor and Social Security, announcement of 17.09.2026 on the work permit exemption application system: csgb.gov.tr