NON-COMPETITION IN TURKISH LABOR LAW
The employee owes a duty of loyalty to the employer throughout
the duration of the employment relationship. The duty of loyalty
is, in general, the obligation of the employee to protect the
interests of the employer. In the doctrine, the duty of loyalty is
defined as "protecting employer's interests and
interests of the workplace and avoiding any behavior that may
commercially or professionally harm the
employer".
Non-competition stands out as an obligation falling under the
scope of the employee's duty of loyalty across the existence of
the service relationship. The duty of loyalty and non-competition
is worded in paragraph 3 of Article 396 of the Code of Obligations
as "the employee may not, as long as the service
relationship continues, provide services to a third party for a
consideration against the duty of loyalty, and may not, in
particular, engage in competition with his own
employer".
