Pöördumise edastamine

Saatja: Marian Vares - MKM </O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=FE21F18FD6834873A3CA849A49CF8544-1D846E81-F6> Saaja: '[email protected]', Kaspar Peek - MKM Teema: RE: About Employing Foreigners Hello, Feyyaz Malkoç, I have gathered the information related to your questions below and sincerely hope you find it helpful. * Work Permits and Visas: Are there any specific work permits or visas required for the Turkish citizen to be legally employed by my Estonian company while residing in Türkiye? If the person stays in Turkey and does not arrive in Estonia, he or she does not need to apply for a visa. It is also not necessary to register short-term employment in Estonia or apply for a residence permit in Estonia. However, we recommend consulting with the local Turkish authorities on the conditions under which a Turkish citizen can work for an Estonian company from Turkey. If you have any further questions about the possibilities of coming to, staying and living in Estonia, you can always contact the migration advisers of the PPA (Migration consultants - Police and Border Guard Board <https://www.politsei.ee/en/migration-consultants> ). They will be able to explain the different possibilities of staying, living and working in Estonia in more detail. * Taxation and Social Security: What are the tax implications and social security obligations for both my Estonian company and the Turkish employee in this cross-border employment scenario? If an employee of an Estonian company resides and performs his or her duties only while staying outside Estonia, no income tax, social tax or unemployment insurance contributions are required to be paid in Estonia on the salary of such a non-resident. Also, such an employee will not be entered in the Estonian employment register, nor will any payment of remuneration made to him/her be declared in Estonia. Tax liabilities arise in Turkey according to the laws and rules of that country, regardless of the fact that the employer is resident in Estonia. If necessary, it must be possible to prove that the work is actually carried out in the foreign country in order to avoid the tax liability of the Estonian company on the non-business related payment. Such taxation is also in line with the income tax double taxation treaty between Estonia and Turkey. It is possible that taxation in Turkey would be clearer and simpler if the employer is also resident in Turkey, especially if there is no actual activity in Estonia. For general information on the tax liabilities of Estonian companies that are e-residents: Tax liabilities of companies established by e-residents | Estonian Tax and Customs Board <https://emta.ee/en/business-client/registration-business/non-residents-e-residents/tax-liabilities-companies#salary> A guide on the taxation of telework (remote working) in Estonia: Income from employment | Estonian Tax and Customs Board <https://emta.ee/en/private-client/taxes-and-payment/taxable-income/income-employment#teleworking> If you have any further questions about taxes, you can write to this email: [email protected] <mailto:[email protected]> * Relevant Regulations: Are there any specific laws, regulations, or best practices that govern the remote employment of foreign nationals by Estonian companies that I should be aware of? In case the employee remains remote working, the rules on remote working in Estonia are laid down in the Occupational Health and Safety Act, Section 13, paragraph 5 (Occupational Health and Safety Act–Riigi Teataja <https://www.riigiteataja.ee/en/eli/523052024003/consolide> ). In addition, it should be noted that the remote employee cannot consume social services in Estonia (e.g. medical care, various benefits), as social tax is not paid from his/her salary in Estonia and the employee is not staying in Estonia to consume services on site. However, the employee may need these services locally in Turkey and this should be checked with the local Turkish tax system. Otherwise, the employee may not have tax receipts in either country and therefore will not be able to access the services provided in either of the two countries. As the employee is not staying in Estonia and is not registered here, the salary and the accompanying taxes should be collected according to Turkish laws. In Turkey, however, it should be checked again whether this is possible and under which conditions for a company registered in Estonia only. Maybe they require a registration for the company also in Turkey. In addition I recommend to check this Tööelu webpage: What is teleworking? When is teleworking possible? | Tööelu portaal <https://www.tooelu.ee/en/34/what-teleworking-when-teleworking-possible> Estonian employment contracts are regulated by the following act: Employment Contracts Act–Riigi Teataja <https://www.riigiteataja.ee/en/eli/ee/529052024001/consolide/current> I recommend going to the PPA migration advice or to workinestonia.com consultation page and choose Residence permit consultation (consultations - Work in estonia! <https://workinestonia.com/consultations/> ). You can book an appointment for the consultation either online or at the International House. Either way, you can communicate directly with a PPA representative. You can also contact [email protected] directly but be aware that it may take up to 15 days to receive a reply. You should be able to get advice faster through the International House and Work in Estonia (https://workinestonia.com/). Best wishes, Marian Vares Advisor of Education and Labor Market Department of Business Environment and Industry Ministry of Economic Affairs and Communications +37258194055 [email protected] <mailto:[email protected]> www.mkm.ee <https://www.mkm.ee/> | Suur-Ameerika 1, Tallinn From: SM kantselei info <[email protected]> Sent: Monday, December 23, 2024 2:15 PM To: [email protected] Subject: FW: About Employing Foreigners Tere, Edastame pöördumise. Lugupidamisega Dokumendihaldus SOM From: Feyyaz <[email protected] <mailto:[email protected]> > Sent: Monday, December 23, 2024 1:40 PM To: [email protected] <mailto:[email protected]> Subject: About Employing Foreigners Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. Tundmatu saatja korral palume linke ja faile mitte avada. To Whom It May Concern, I am writing to request information regarding the legal and regulatory framework for employing a Turkish citizen residing in Türkiye as a remote worker for my Estonian company. As an e-resident of Estonia holding a Digital Identity Card issued under the e-Residency program, I have established a private limited company named Quaflow OÜ registered in Estonia. My inquiry pertains to the feasibility and legal requirements for employing a Turkish citizen who will be permanently residing in Türkiye while working remotely for my Estonian company. I would be grateful if you could provide clarification on the following aspects: * Work Permits and Visas: Are there any specific work permits or visas required for the Turkish citizen to be legally employed by my Estonian company while residing in Türkiye? * Taxation and Social Security: What are the tax implications and social security obligations for both my Estonian company and the Turkish employee in this cross-border employment scenario? * Relevant Regulations: Are there any specific laws, regulations, or best practices that govern the remote employment of foreign nationals by Estonian companies that I should be aware of? I kindly request your guidance on this matter. Please provide any relevant information or direct me to the appropriate resources that can assist me in ensuring full compliance with Estonian labor laws. Thank you for your time and attention to this matter. Sincerely, Feyyaz Malkoç Founder & Board Member, Quaflow OÜ(17139147) Saatja: "SM kantselei info" <[email protected]> Saaja: [email protected] Teema: FW: About Employing Foreigners Kuupäev: 2024-12-23 12:15 Tere, Edastame pöördumise. Lugupidamisega Dokumendihaldus SOM From: Feyyaz <[email protected]> Sent: Monday, December 23, 2024 1:40 PM To: [email protected] Subject: About Employing Foreigners Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. Tundmatu saatja korral palume linke ja faile mitte avada. To Whom It May Concern, I am writing to request information regarding the legal and regulatory framework for employing a Turkish citizen residing in Türkiye as a remote worker for my Estonian company. As an e-resident of Estonia holding a Digital Identity Card issued under the e-Residency program, I have established a private limited company named Quaflow OÜ registered in Estonia. My inquiry pertains to the feasibility and legal requirements for employing a Turkish citizen who will be permanently residing in Türkiye while working remotely for my Estonian company. I would be grateful if you could provide clarification on the following aspects: * Work Permits and Visas: Are there any specific work permits or visas required for the Turkish citizen to be legally employed by my Estonian company while residing in Türkiye? * Taxation and Social Security: What are the tax implications and social security obligations for both my Estonian company and the Turkish employee in this cross-border employment scenario? * Relevant Regulations: Are there any specific laws, regulations, or best practices that govern the remote employment of foreign nationals by Estonian companies that I should be aware of? I kindly request your guidance on this matter. Please provide any relevant information or direct me to the appropriate resources that can assist me in ensuring full compliance with Estonian labor laws. Thank you for your time and attention to this matter. Sincerely, Feyyaz Malkoç Founder & Board Member, Quaflow OÜ(17139147)