a.Rules Applicable to Employment Contracts
The rules determining the applicable law in employment contracts feature at article 27…
The Constitutional Court recently annulled the first paragraph of the article 27,…
Thus, the following provisions of article 27 remain valid:Sayfa 538…
(2) If the parties have not chosen the governing law, the law where the habitual workplace of the employee is located will govern the employment contract. Nevertheless, for the purpose of this provision, in the case of an employee who is only temporarily performing work in another country, that workplace will not be considered as the “habitual” workplace.…
(3) In cases where the worker performs work continuously in more than one country, the governing law is the law of the employer’s main workplace.…
(4) However, in cases where there is a law more closely linked with the contract due to the circumstances of the case, that law may be the governing law, instead of the laws stated in the preceding two paragraphs”.…
Largely in line with the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008…
In cases where parties did not make a choice of law, or such choice cannot operate,…
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