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Page Background

Forced Migration in the OIC Member Countries:

Policy Framework Adopted by Host Countries

78

provided financial assistance to few foreign beneficiaries.

40

NGOs have generally stayed away

from housing issues since they lack funds and space to provide shelter en masse.

Employment

As of May 2016, nearly all Syrian employment was in the informal labor market in textile

manufacture, construction, agriculture, and services where Syrians are subject to exploitation

and sub-minimum wages that make it difficult for them to support their families.

41

According to the 2013 Law on Foreigners and International Protection and the 2014

Temporary Protection Regulation, beneficiaries of protection in Turkey have the right to apply

for work permits.

42

The Regulation on Work Permits of Foreigners Under Temporary

Protection, published on 11 January 2016, serves as the implementing regulation for this

stipulation, outlining the procedures and conditions for providing work permits to registered

Syrians.

43

The Fair Labor Association in Turkey estimates that up to 500,000 Syrians are

eligible for work permits under the new Regulation, but no comprehensive information has

been disseminated on the number of work permits granted.

44

The work permit directive stipulates that Syrians who have been registered Temporary

Protection beneficiaries for more than six months may be granted work permits by the

Ministry of Labor and Social Security (

Çalışma ve Sosyal Güvenlik Bakanlığı

) upon application

by their employers or themselves. It is not applicable to refugees and asylum seekers who are

not under the Temporary Protection regime. Workers in seasonal agriculture and animal

husbandry are exempt from the need to obtain work permits. Those in education and

medicine must have their qualifications vetted by the line ministry in their sector before

applications are considered.

45

It is precisely in these professional sectors where the Turkish

economy most needs legal workers—and yet unqualified people cannot be allowed to take on

professional responsibilities. Additional investments may be needed to increase the pace of

verification of qualifications.

While the work permit regulation is a significant step toward the formalization of Syrian

workers there remain three key obstacles to widespread implementation of the law. First,

temporary protection beneficiaries must have their applications submitted by their

employer.

46

Employers in marginal enterprises have little incentive to apply, since they would

have to pay formalized employees at least the minimum wage, and lack of regular monitoring

40

Refugee Rights Turkey,

Country Report: Turkey

, 73-74.

41

See ORSAM and TESEV,

Effects of the Syrian Refugees in Turkey, ORSAM Report no. 195

, (Ankara: ORSAM, 2015),

http://architecturalnetworks.research.mcgill.ca/assets/effects-of-the-syrian-refugees-on-turkey-min.pdf ;

Daryl Grisgraber

and Ann Hollingsworth,

Planting the Seeds of Success? Turkey’s New Refugee Work Permits

, (Washington, DC: Refugees

International, 2016,

http://static1.squarespace.com/static/506c8ea1e4b01d9450dd53f5/t/570ebcf01bbee0bc27a2fdb5/1460583665950/20 160414+Turkey.pdf .

42

Article 89-4, Law on Foreigners and International Protection (unofficial translation), Republic of Turkey Ministry of

Interior, Directorate General of Migration Management; Article 29, Geçici Koruma Yönetmeliği (Temporary Protection

Regulation), Government of Turkey, October 22, 2014,

http://www.resmigazete.gov.tr/eskiler/2014/10/20141022-15- 1.pdf .

43

Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik (Regulation regarding the Work Permits of

Foreigners under Temporary Protection), Presidency of the Republic of Turkey, January 11, 2016,

http://www.resmigazete.gov.tr/eskiler/2016/01/20160115-23.pdf.

44

Alpay Çelikel (Regional Manager, EMEA, Fair Labor Association) and Burcu Kuğu Bolak (Project Manager for the USDOL

Turkey Project, Fair Labor Association) in conversation with Kathleen Newland, May 5, 2016.

45

Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik (Regulation regarding the Work Permits of

Foreigners under Temporary Protection), Presidency of the Republic of Turkey, January 11, 2016.

46

Grisgraber and Hollingsworth,

Planting the Seeds of Success? Turkey’s New Refugee Work Permits

, 4.