Performance of work by citizens of the Republic of Turkey

Detailed explanation

The scope of the rights to work and residence of a Turkish worker, as a result of Decision 1/80, gradually extends as the work in the Member State concerned continues.

Citizens of the Republic of Turkey:

• after one year of legal employment, in accordance with the general rules of work – they have the right to renew the work permit with the same employer, provided that the workplace is maintained

• after three years of legal employment (with the same employer on the basis of a work permit) – to accept a job offer in the same profession with any employer (work permit is not required)

• after four years of legal employment – to free access to any paid employment in Poland (full access to the labour market).

Performing work in Poland legally for a period of 4 years is not sufficient to acquire a right related to free access to the labour market - the conditions for acquiring the right must be met successively.

If therefore:

• you have not worked for more than a year with the same employer,

• and then you did not work for this employer for another 2 years,

- even if, by adding up the periods of employment, you meet the condition regarding the period of required employment, you will not get the right to perform any paid work.

When moving to another EU/EEA/CH country, a Turkish citizen cannot claim that they have acquired certain rights in the country where they previously resided. Therefore, if, for example, they have full access to the labour market in Germany, after arriving in Polish they will acquire such access only after 4 years of legal employment.

Annual leave and absence from work due to maternity, accident at work or short-term illness shall be counted as legal employment and shall not interrupt its continuity. Other short, justified breaks may also be assessed as not interrupting the continuity of legal employment.

Periods of unemployment not at fault (duly certified by the competent authorities) and absence from work due to long-term illness shall not be included in the period of legal employment but shall not affect rights acquired by virtue of previous employment.