Private international law · Legal information

What Happens to Residence If a Foreign Worker Has a Workplace Accident?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If a foreign worker has a workplace accident, residence is read from the residence card, not from the accident minute. The minute is the event record written at the workplace. The card is a separate document about the stay. A compensation calculation, a disability rate, and a sum are not here. It is not a copy of a work-permit refusal writing either.

On which line the minute writes the event

The place looked for in the minute is the date of the event, the name of the workplace, and the unit that kept the record. If the line is empty, the paper is not treated as having documented the accident. The employer's oral sentence that a minute was kept is not a minute while there is no signed record. If the copy given to the worker and the institution's copy are not the same text, whichever copy is in hand is the one that is read. If the two copies conflict, the conflict is not removed by tearing one up. Each copy is left with its own visible line.

Whether the notification went to the institution is taken from the acceptance or sending record on the paper. If there is no record, a day and an acceptance are not assumed. This text does not set a notification period. If a period is written on the papers in hand, it is read from there. If it is not written, a number is not produced. That the period was missed is not announced from this page while there is no record.

If how the event happened stands on the event line of the minute, it is read from there. If the line is short, it stays in its short form. This text does not retell the event, does not describe the injury, and does not write a share of fault. If fault stands as a sentence in the minute, the sentence is read. If it does not, a fault rate is not invented. A rate would be the door of a compensation calculation. That door is not opened here.

If there is a witness line, the witness's name is on that line. If there is no name, the witness is not treated as having been heard. A statement the witness told later is not written back into the minute. If there is a reference to workplace camera footage, the reference is read with the transcript if a transcript of the recording stands. If there is no transcript, the image does not take the place of the minute.

The card is not an annex of the minute

The residence card is not a result stuck to the back of the minute. The card's end date can stand in the same folder as the accident day. That being together does not mean the card was renewed by the accident. The card is whatever the card says. Extension or refusal is a separate notice. A residence permit not being extended is read from that notice. The reason in the notice is not copied as if it were the twin of the accident line.

The card being about to end does not mean the minute extended the period. The card having ended does not erase the minute either. The two facts are written side by side. One is not turned into the other. The worker's passport period is not pasted in place of the card. An entry stamp in the passport does not extend the residence period of itself. The stamp is a trace of crossing. The card is the stay document.

The type of the card may not be the same legend as the work record. If the type is written on the card, the type is read from there. The occupation line in the accident minute does not change the type on the card. If the occupation line is empty, the occupation is not completed from the card and added to the accident minute. Each paper carries its own occupation or type box. If the boxes do not match, the mismatch is not removed by erasing one.

A work-permit refusal is another notice

A refusal of a work permit is an administrative notice separate from the accident minute. The reason and the period are on that notice's own paper. A refusal of a work permit is read from that paper. This page does not rebuild the inner sections of the refusal writing. While there is no refusal writing, the accident minute is not read as a refusal decision.

Whether an unpaid wage dropped the permit document is not read from this minute. An unpaid month is not the accident line. The accident record does not give birth to the refusal writing of itself. The refusal writing is not put in place of the minute either. If both are in the file, there are two acts. The date of one is not copied as the service day of the other. The employer's application form does not take the place of the accident line.

If the work-permit document is in hand, the document is read from its own period. If the period overlaps the accident day, the overlap is noted. The note does not mean the document was cancelled by the accident. If cancellation is in a separate writing, it is read from that writing. If there is no writing, the permit document is not treated as having fallen because of the minute. If there is a line that the worker left the job, the line is a leaving record. Leaving is not the ruling of the residence card.

A health sentence is not a compensation formula

A material head, a non-pecuniary head, an incapacity calculation, or a loss-of-support calculation is not under this heading. A rate, a score, and a sum are not written. Even if a health sentence appears in the minute, that sentence is not a compensation formula. This text does not produce a figure. A legend on a hospital paper is not turned into a formula either. The legend is whatever the paper says.

What the worker will receive is the subject of another reading after the minute and the card are separated. That reading is not opened here. If it were opened, this page's reading would leave the sentence that the two documents are separate. A malpractice allegation is not built either. Diagnosis, surgery, and complication are not under this heading. A health sentence is read only as showing that the event was entered in the record. Showing is not describing a treatment path.

If there is a writing the institution sent to a health board, the writing carries its own number and date. If there is no writing, a board decision is not assumed. If the board decision does not write the card's period, a period is not produced from the board text. If the text touches the residence card, the touch is limited to the sentence in which it is written. The sentence is not treated as having renewed the card.

An insurance notification does not take the place of the card

An insurance or institution notification is a paper separate from the residence card. If the worker's name and the workplace's name stand in the notification, those lines are read from there. The notification does not mean the card was extended. The card is not born from the registration number in the notification. If there is a registration number, the number is on the institution paper it belongs to. The number is not an acceptance writing of the residence permit.

Whether the notification was accepted is read from the institution's own annotation. If there is no annotation, acceptance is not assumed. If there is a refusal, the refusal is in its own writing. The reason for refusal is not pasted onto the event line of the accident minute. A premium day, a wage sum, and a payment rate are not in this text. If these numbers are written in the file, they stay in the file. They are not rebuilt here.

An allegation that the employer did not make the notification is read only if there is a writing or a minute line about it. If there is no line, a result that the notification was not made is not announced from this page. An announcement would also treat a period that does not exist as missed. The period is still not written.

The removal paper is looked for separately

The accident minute is not a decision to take the person out of the country. If there is a removal act, it stands in its own decision that has been served. An objection to a removal decision belongs to that decision. The minute writing that the worker is a foreigner does not produce a removal reason. The reason is in the own text of the administrative decision. If the text mentions the accident minute, the mention is limited to the sentence in which it is mentioned.

The card, the minute, and, if there is one, the removal writing are three separate papers. They are not treated as a single act because they stand in the same folder. If there is no service annotation on a photocopy, that copy does not take the place of a decision that has been served. The annotation is not copied from the signature line of the minute. The worker leaving the country is not narrated on this page. Leaving would be crossing a ban or flight. That path is not here.

The frame of the stay regime is on the international law page. If the minute and the card are side by side, contact is made with the text of both. While only one paper is in hand, the other is not announced as renewed.

If the workplace's trade name is written one way in the minute and another way on the card, the two trade names are two lines. Which one is current is not chosen from this text. If the choice stands in a tax or registry writing in hand, it is read from that writing. If there is no writing, the trade-name difference is not closed. The difference does not erase the accident line. The trade name on the card does not change the event date of the minute either.

If the worker's start date stands in the contract or in the notification, the date is from there. If the date appears after the accident day, the appearance is noted. The note does not mean the accident never happened. The minute carries its own date. The start record carries its own date. One is not put in place of the other. If there is no start record, the accident day is not written as the day work started.

If a wage payroll stands in the file, the payroll is not the accident minute. The month on the payroll is not chosen of itself as the month of the event. If the minute writes a month, the choice is from the minute. The payroll figure is not repeated on this page. The figure is not turned into a compensation head. If it were turned, the prohibition on a rate and a sum would be broken. The payroll does not write the period of the residence card either.

Conclusion

A foreign worker's residence is read from the residence card and the notice that belongs to it, not from the workplace-accident minute. The minute does not change the card. A work-permit refusal, an insurance notification, and a removal decision are other writings. A compensation calculation, a rate, and a sum are not in this text. A notification day is not frozen either. The statute name of the stay regime is Law No. 6458 on Foreigners and International Protection.

Legislation

Frequently asked questions

Does the accident minute extend the residence card?

It does not. The minute is the event record written at the workplace. The card's period is read from the card itself and, if there is one, from the extension notice.

Is compensation calculated in this writing?

It is not. There is no rate, score, or sum. A health sentence in the minute is not turned into a formula.

Is a work-permit refusal writing the accident minute?

It is a separate administrative notice. The reasons of the refusal writing are on its own paper. Its date is not pasted by rote onto the date of the minute.

Does a workplace accident give birth to a removal decision?

The minute is not a removal decision. If there is a removal writing, it is read from its own service. The legend that the worker is a foreigner does not produce that decision.

How many days is the notification period?

This text does not set a day count. If a period is written in the minute and in the institution record, it is read from there. If there is no record, a period is not assumed.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Private international law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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