Non-Compete Agreement
"Are non-compete clauses enforceable in Turkish employment contracts?"
Quick Answer
Post-employment non-compete clauses in Turkey may be enforceable if they are in writing, protect a legitimate employer interest, and are narrowly limited by duration typically up to two years, geographic area, and scope of activities. Overly broad clauses may be reduced by courts.
Turkish Labor Law Framework
Post-employment non-compete obligations under Turkish law are primarily governed by the Turkish Code of Obligations No. 6098. Such clauses are valid only if they protect a legitimate employer interest and do not unreasonably restrict the employee’s economic freedom.
Key Points to Remember
- The non-compete clause must be in writing
- The employee must have access to customers, production secrets, or business secrets
- The restriction must be limited in duration, geographic scope, and type of work
- The typical maximum duration is two years unless exceptional circumstances exist
- Courts may reduce or partially invalidate overly broad non-compete clauses
Compliance Requirements
Employers operating in Turkey must ensure compliance with both written employment law requirements and practical HR management standards. This includes proper documentation, timely salary payments, and adherence to workplace safety regulations.
Foreign companies should be particularly aware of work permit requirements and the specific obligations when employing both Turkish nationals and foreign workers.
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