DECISION No 1/80 OF THE ASSOCIATION COUNCIL of 19 September 1980 on the
development of the Association
ANKARA ACT
CHAPTER II
SOCIAL PROVISIONS
SECTION 1
Questions relating to employment and the free movement of workers
Article 6
1. Subject to Article 7 on free access to employment for members of his family, a Turkish worker duly registered as belonging to the labour force of a Member State:
− shall be entitled in that Member State, after one year’s legal employment, to the renewal of his permit to work for the same employer, if a job is available;
− shall be entitled in that Member State, after three years of legal employment and subject to the priority to be given to workers of Member States of the Community, to respond to another offer of employment, with an employer of his choice, made under normal conditions and registered with the employment services of that State, for the same occupation;
− shall enjoy free access in that Member State to any paid employment of his choice, after four years of legal employment.
2. Annual holidays and absences for reasons of maternity or an accident at work or short periods of sickness shall be treated as periods of legal employment. Periods of involuntary unemployment duly certified by the relevant authorities and long absences on account of sickness shall not be treated as periods of legal employment, but shall not affect rights acquired as the result of the preceding period of employment.
3. The procedures for applying paragraphs 1 and 2 shall be those established under national rules.
Article 7
The members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State, who have been authorized to join him:
− shall be entitled – subject to the priority to be given to workers of Member States of the Community – to respond to any offer of employment after they have been legally resident for at least three years in that Member State:
− shall enjoy free access to any paid employment of their choice provided they have been legally resident there for at least five years.
Children of Turkish workers who have completed a course of vocational training in the host country may respond to any offer of employment there, irrespective of the length of time they have been resident in that Member State, provided one of their parents has been legally employed in the Member State concerned for at least three years. Article 8
1. Should it not be possible in the Community to meet an offer of employment by calling on the labour available on the employment market of the Member States and should the Member States, within the framework of their provisions laid down by law, regulation or administrative action, decide to authorize a call on workers who are not nationals of a Member State of the Community in order to meet the offer of employment, they shall endeavour in so doing to accord priority to Turkish workers.
2. The employment services of the Member State shall endeavour to fill vacant positions which they have registered and which the duly registered Community labour force has not been able to fill with Turkish workers who are registered as unemployed and legally resident in the territory of that Member State.
Article 9
Turkish children residing legally in a Member State of the Community with their parents who are or have been legally employed in that Member State, shall be admitted to courses of general education, apprenticeship and vocational training under the same educational entry qualifications as the children of nationals of that Member State. They may in that Member State be eligible to benefit from the advantages provided for under the national legislation in this area.
Article 10
1. The Member States of the Community shall as regards remuneration and other conditions of work grant Turkish workers duly registered as belonging to their labour forces treatment involving no discrimination on the basis of nationality between them and Community workers.
2. Subject to the application of Articles 6 and 7, the Turkish workers referred to in paragraph 1 and members of their families shall be entitled, on the same footing as Community workers, to assistance from the employment services in their search for employment.
Article 11
Nationals of the Member States duly registered as belonging to the labour force in Turkey, and members of their families who have been authorized to join them, shall enjoy in that country the rights and advantages referred to in Articles 6, 7, 9 and 10 if they meet the conditions laid down in those Articles.
Article 12
Where a Member State of the Community or Turkey experiences or is threatened with disturbances on its employment market which might seriously jeopardize the standard of living or level of employment in a particular region, branch of activity or occupation, the State concerned may refrain from automatically applying Articles 6 and 7. The State concerned shall inform the Association Council of any such temporary restriction. Article 13
The Member States of the Community and Turkey may not introduce new restrictions on the conditions of access to employment applicable to workers and members of their families legally resident and employed in their respective territories. Article 14
1. The provisions of this section shall be applied subject to limitations justified on grounds of public policy, public security or public health.
2. They shall not prejudice the rights and obligations arising from national legislation or bilateral agreements between Turkey and the Member States of the Community where such legislation or agreements provide for more favourable treatment for their nationals. Article 15
1. So as to be in a position to ensure the harmonious application of the provisions of this section and determine that they are applied in such a way as to exclude the danger of disturbance of the employment markets, the Association Committee shall periodically exchange information in order to improve mutual knowledge of the economic and social situation, including the state of and outlook for the labour market in the Community and in Turkey.
It shall each year present a report on its activities to the Association Council.
2. The Association Committee shall be authorized to enlist the assistance of an ad hoc Working Party in order to implement paragraph 1.
Article 16
1. The provisions of this section shall apply from 1 December 1980.
2. From 1 June 1983, the Association Council shall, particularly in the light of the reports on activities referred to in Article 15, examine the results of application of the provisions of this section with a view to preparing solutions which might apply as from 1 December 1983.
Regarding to Decision Above many Turkish citizens get free work permit and create their own bussines in European countries.
You can read and if you say that you have rights regarding the articles then you will apply for work permit and you will go to courth if they dont issue work permit.
As you know at he beginning also European countries did not obey the rules on Act and Turkish citizens get it by courth process