In the realm of employment in Turkey, a myriad of obligations binds employees, outlining the parameters within which they must operate.
Unless explicitly stated otherwise in the contract or discerned from the circumstances, employees in Turkey bear the personal responsibility of executing their designated tasks, with no delegation permitted to others. A crucial facet of this responsibility is the imperative for employees to act with the utmost care and diligence, coupled with the obligation to adhere to and respect the legitimate instructions provided by the employer. However, this compliance is contingent upon the instructions aligning with the agreed-upon scope of work.
Integral to the employment relationship is the duty of loyalty that employees in Turkey owe to their employers. The exact standards of this duty hinge on the nature of the work in question. As per established jurisprudence, the overarching principle is that employees in Turkey are obliged to act in the best interests of the employer, steering clear of any conduct that could inflict economic, commercial, or professional harm upon the employer. This duty extends to refraining from engaging in actions that could be deemed competitive with the employer’s business during the term of employment. Notably, this non-competition obligation does not endure beyond the termination of the employee’s tenure.
Should there be a desire on the part of the employer to prolong the non-competition obligation beyond the termination of employment, a viable avenue is the negotiation of a non-competition agreement with the employee. The validity of such agreements is contingent upon their reasonable necessity and the inclusion of specific limitations pertaining to the duration, geographical territory, and scope of activity. It is imperative to underscore that, in the absence of an alternative agreement, the efficacy of non-disclosure and confidentiality agreements persists post-termination. These agreements serve to safeguard the legitimate interests of the employer, maintaining the confidentiality of sensitive information even after the employment relationship has concluded.
The duty of loyalty is not a one-size-fits-all concept; its parameters adapt to the unique characteristics of each employment scenario. Consequently, it becomes imperative to delve into the nuanced aspects of this duty, grasping the intricacies that underscore its application. In essence, the duty of loyalty necessitates employees in Turkey to prioritize the welfare and interests of the employer, fostering an environment conducive to mutual growth and prosperity.
An inherent component of the duty of loyalty is the prohibition against engaging in competitive activities during the term of employment. This prohibition is grounded in the premise that employees, during their tenure, should not be involved in any actions that could potentially undermine the economic standing, commercial ventures, or professional reputation of their employer. Such a prohibition serves to maintain a harmonious and symbiotic relationship between the employer and the employee, ensuring that the latter does not partake in activities that could compromise the former’s interests.
Upon the termination of employment, the non-competition obligation ceases to be binding on the employee. However, recognizing that certain industries may necessitate extended protection against potential competition, employers and employees in Turkey can opt to formalize this commitment through a post-employment non-competition agreement. For such agreements to be deemed valid, they must strike a balance between safeguarding the employer’s interests and respecting the rights and professional pursuits of the employee.
Non-competition agreements, as an extension of the duty of loyalty, require careful consideration of various factors to ensure their enforceability. The reasonableness of the restrictions imposed, such as the duration of the non-competition period, the geographical scope, and the specific activities covered, plays a pivotal role. Courts typically scrutinize these agreements to ascertain their necessity and to prevent them from unduly restricting the employee’s ability to pursue gainful employment in their field.
It is noteworthy that while the non-competition obligation has a finite duration, the same cannot be said for non-disclosure and confidentiality agreements. These agreements, designed to protect proprietary information and trade secrets, persist beyond the termination of employment. Their enduring nature underscores their significance in preserving the confidential nature of sensitive information acquired during the course of employment.
In conclusion, navigating the landscape of employee obligations in Turkey necessitates a nuanced understanding of the duty of loyalty, non-competition obligations, and the enduring impact of confidentiality agreements. Striking a delicate balance between protecting the legitimate interests of the employer and acknowledging the professional rights of the employee is imperative for fostering a work environment characterized by trust, integrity, and mutual benefit.
San Global is well-equipped to assist you with your Employer of Record (EOR) and payroll requirements (also known as the Umbrella Company) in Turkey. We are capable of handling your HR (Recruitment) needs, even in the absence of a legal entity in Turkey.