TBK art.444-447: Prohibition of competition that prevents the worker from switching to a competitor after work.
Validity Conditions
- Written contract
- Duration max. 2 years
- Geographic area limited
- Field of activity limited
- Compensation (can be specified in the contract)
Invalid
- Long periods such as 5 years
- "Whole of Türkiye" geographical area
- "Entire sector" area of activity
- Without compensation prohibited
Penal Clause
- Compensation in case of breach of contract
- The judge may reduce it if found excessive
- Usually 1-2 years' fee
Customer/Employee Attraction
- Prohibited in most contracts
- Compensation in case of breach
- Customer/employee from former workplace to take away
Detection of Violation
- Employer can follow up
- Information from the new workplace (through the court)
- Witness statements
Supreme Court 11th HD and HGK
HGK states that the non-competition must be "proportionate" and should be interpreted in a way that does not hinder the worker's right to livelihood. It is adopted.
Labor law lawyer recommended.