Private international law · Legal information

What Happens to the Permit If a Foreign Worker's Wage Is Not Paid?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If a foreign worker's wage is not paid, that does not mean the permit document fell of itself. The wage claim and cancellation, refusal, or the end of the period of the permit are not the same result. The claim is read from the contract and the payment document. A severance calculation is not in this writing. There is no sum.

On which paper the unpaid period is

The wage line is looked for in the written contract, on the payroll, on a bank slip, or in the attendance record. If which period it corresponds to is written in these documents, that period is read. If a document does not show a sum, a sum is not invented. A statement that it was paid in cash does not become a figure if there is no receipt or record. This text does not calculate the difference between periods. An empty period and a period whose payment appears are left side by side. One payroll being signed and the other unsigned does not close the difference. If the signature line is empty, the gap is not filled with a signature remembered later.

The employer's trade name is read from the trade name in the contract and the trade name on the slip. If the trade names differ, the difference is not closed. The difference does not mean the permit fell either. If the description line on the slip says wage, the line says that much. If the description is empty, this text does not write a description. If there is no cash-delivery minute, a cash payment is not assumed. A witness account is not put in place of an empty payroll line.

If the contract writes at what interval the wage will be paid, the interval is the sentence in the contract. If there is no sentence, an interval is not added. If the contract is in a foreign language and a Turkish translation stands in the file, the reading is the text of the translation in the file. While there is no translation, the meaning is not guessed. If the translation and the original text conflict, the conflict is written. A sum is not built by putting one in place of the other. If an advance-set-off sentence is not in the contract, the set-off does not come out of the payroll either.

The permit writing does not erase the claim

Cancellation, refusal, or the end of the period of the work permit does not close the wage record of earlier periods of itself. Refusal notifies that the application was not accepted. That writing is under refusal of a work permit. If there is a cancellation service, that is a separate paper too. None of them turns an empty period on the payroll into a full period. The claim is not treated as erased because the permit ended. If the permit document never came into being, the payment record in hand is not treated as having disappeared either. If there is no record, a claim is not given birth from this text either.

If the employer line on the permit document and the trade name that did not pay the wage are not the same, the two records are kept apart. One is not treated as having taken on the debt of the other. If assumption is not expressly standing in the writing, it is not added. If a subcontractor and a principal employer appear on the same payroll, each trade name is on its own line. If the writing does not show one as debtor, indebtedness is not transferred from the other. If there is no transfer sentence, the wage is not written to a company that is remembered.

If there is a release or a waiver paper, the period it closes is read if the paper writes which period it closed. If it does not write that, the whole claim is not treated as closed. If there is no signature, the release is not treated as completed. This text does not announce that the release is valid or that it is invalid. Validity is read from the paper's own lines and from the concrete file. If there is no sentence on the release that the passport will stay with the employer, the document is not tied to the wage record.

The permit is not treated as fallen because the wage was not paid

The end of the permit is on the date line of the permit document. If there is cancellation, it is in the cancellation service. The wage not being paid does not change these dates of itself. A payroll gap does not set up a cancellation ruling while there is no cancellation writing. An oral sentence of falling does not take the place of the act that was served. If there is no service and the end of the document has not come, the permit is not treated as having fallen because of the wage. The employer saying that they will have the permit cancelled is not a cancellation writing either. The statement is read from the administration's writing only if it passed there.

A path of collecting the wage by continuing to work without a permit is not in this writing. Continuing to work by concealing the record is not here either. The claim is read from the payment document in hand. Whether the permit is valid is read from the permit document. The two readings are not the same ruling. If the permit document is tied to one employer, the tie is on the employer line of that document. If the trade name that did not pay the wage is different, the permit is not treated as having passed to that trade name of itself.

If there is a termination document, termination is read apart from the wage line. Termination does not write from this text the day the permit fell. If there is a date on the termination document, the date is on the document. If there is none, a date is not added. An account that the worker left the job is not completed as termination while there is no termination document. The employer's absence minute does not show that the wage was paid either. If the minute does not carry a wage line, it does not close the claim.

There is no severance and no notice calculation

Severance pay is not calculated here over the period of work, the gross wage, and a ceiling. Notice pay is not calculated either. There is no multiplication, no sample figure, and no ceiling sum. The reader cannot take a claim figure out of this text. If there is no termination and period-of-work document, this writing does not assume that severance arose and does not calculate it. Even if there is a document, this page does not multiply. The period line on the document is left as it is. If the period line is empty, a period is not added.

An overtime multiplier is not written either. If there is no hour line on the time sheet, an hour is not invented. If there is an hour line, the line is left as it is. This text does not turn the hour into a wage. A weekly-rest, public-holiday, or night-band difference is not built here either. These differences are read from that line only if the time sheet or the payroll shows them on its own line. If it does not show them, a head is not added. Annual-leave pay is not written either if it is not written on the document. The job name on the permit document is not written of itself as the name of the work on the time sheet.

A residence act does not carry a wage line

Non-extension of residence does not say whether the wage was paid. That notice is under a residence permit not being extended. A removal decision is not a wage payroll either. If there is one, it is read from an objection to a removal decision. These two writings do not turn the unpaid period into a claim of themselves. If the claim stands on the wage document, it is there. The end date of the residence card is not copied as the period on the payroll.

The unpaid wage goes separately as a complaint to labour inspection or as a claim. These paths are not the period of service of the permit. A day count is not set. A inspection complaint carries as much as it writes which workplace and which period. A claim may show the same period separately at another authority. The two writings are not joined as a single petition. The result of one does not mean the other was accepted.

An inspection complaint is separate from a claim

A complaint that goes to labour inspection concerns the administration looking at the workplace. A claim concerns asking for the unpaid wage. Opening the complaint is not a promise that the wage will be collected. Opening the claim is not a promise that the permit will continue. In both writings the sum is read from there only if it is on the attached document. If it is not on the document, the petition does not give birth to a sum of itself. This text does not set a sample petition sum.

A complaint or a claim is not written as a way of taking the worker's passport from the employer. Holding a document and not paying the wage are separate events. If the two stand in the same file, each is read from its own paper. One is not made the condition of the other. The day line on an insurance notification does not show of itself that the wage was paid either. The notification is a premium record. The payroll is a wage record. If the two conflict, the conflict is not closed.

If the wage documents and the permit writing stand together, they can be read separately through contact. The frame is on the international law page. The permit frame is the text of Law No. 6735 on International Labour Force, and the residence frame is the text of Law No. 6458 on Foreigners and International Protection. An article number is not added to this writing.

A deduction line on the payroll is read only if a name stands on the line. The sum is not recalculated in this text. If the name of the deduction is not written, a name is not added. An advance, an enforcement deduction, or another deduction is not there if it is not on the line. If the line is there, the line is not made the reason the permit fell. If the workplace on the permit document and the workplace on the payroll differ, the two places are kept apart. The difference does not mean the payment was never made either. If the payment appears on a slip, it is on the slip. If it does not appear, the payroll alone is not treated as collection.

If the sum the worker wrote in the complaint petition is not on the attached document, this page does not confirm that sum. The petition shows the period on the document. If the period is not on the document, the petition does not create a period. The same period appearing differently on two documents does not mean the difference will be closed. The difference is written. The difference does not change the permit date either.

Conclusion

An unpaid wage is a claim record. The permit falling is not the same result. The permit writing does not erase the claim. The wage payroll does not drop the permit of itself. An inspection complaint and a claim are separate paths. A severance calculation and a sum are not in this writing.

Legislation

Frequently asked questions

If the wage is not paid, does the work permit fall of itself?

No. The end of the permit is on the date line of the permit document. If there is cancellation, it is in the cancellation service. The wage payroll does not change these dates. If there is no service and the end of the document has not come, the permit is not treated as having fallen because of the wage.

If the permit is cancelled, is the old wage debt erased?

It is not erased. Cancellation, refusal, or the end of the period does not close the wage record of earlier months of itself. If the claim stands in the contract and the payment document, it is read from there. The permit writing does not turn an empty month on the payroll into a full month.

How is severance pay calculated in this writing?

It is not calculated. There is no year of work, gross wage, ceiling, or notice multiplication. There is no sample figure either. If there is no termination document, this text does not assume that severance arose.

If there is no sum on the payroll, from where is the figure completed?

It is not completed. If the sum is written in the contract, on the payroll, on a slip, or in an attendance record, it is read from there. A statement that it was paid in cash does not become a figure if there is no record. This writing does not calculate the difference between months.

Does a residence writing show the unpaid wage?

No. Non-extension of residence and a removal decision do not carry a wage line. The unpaid wage goes separately as a complaint to labour inspection or as a claim. That door is not the period of service of the permit.

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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