| New publication: Advice on Non-Competition - Labour |
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Date: 4 June 2010 Publishers: TerraLex Extract: The Turkish Labor Code (Law No. 4857) does not impose any non-compete obligations on employees. Nevertheless, during the currency of an employment contract, the obligation of fidelity (obligation de fidelite-Treuepflicht) can be contractually imposed on the employee requiring him to act in good faith and in the legal interests of the employer. Any post-termination prevention of competition by the employee is regulated by the employment contract through a non-competition clause or by executing a separate "non-competition agreement" under the general provisions of the Code of Obligations (Law No.818) and the established principles of the Turkish Competition Board. This Board, a governmental body established as per Article 20 of the Law Regarding the Protection of Competition (Law No. 4054) under the Turkish Competition Authority, ensures the formation and development of markets for goods and services in a free and sound competitive environment, observes the implementation of such law, and fulfills the duties assigned to it thereby. Contributor: Gülnisa Coşkun, Lead Lawyer Employment Related Links Expertise |
