The “Prohibition of Competition in Turkey Template” serves as a foundational document for businesses operating within the Turkish legal framework, providing a structured framework to regulate non-compete agreements between employers and employees. In Turkey, the prohibition of competition is governed by various laws and regulations, including the Turkish Labor Law and the Turkish Code of Obligations, which aim to balance the interests of employers and employees while ensuring fair competition in the market. This template establishes clear parameters and restrictions regarding employees’ engagement in competitive activities during and after their employment tenure, aiming to protect the employer’s trade secrets, intellectual property, and client relationships. The template outlines the scope of prohibited actions, including the disclosure of confidential information, solicitation of clients or employees, and engagement in similar business activities that may directly compete with the employer’s interests. Moreover, it defines the duration and geographical limitations of the non-compete clause, specifying the period during which the employee is bound by the agreement and the geographical area within which they are prohibited from engaging in competitive activities. By providing clarity and specificity in these areas, the template helps prevent misunderstandings and disputes between employers and employees regarding the scope and enforceability of the non-compete agreement.
Furthermore, the “Prohibition of Competition in Turkey Template” addresses compensation considerations for employees subject to the non-compete clause, ensuring that they are fairly compensated for agreeing to restrictions on their future employment opportunities. This may include provisions for monetary compensation during the non-compete period or other benefits provided by the employer to mitigate any financial hardship imposed on the employee. Additionally, the template outlines mechanisms for dispute resolution in the event of breaches or disagreements regarding the interpretation or enforcement of the non-compete agreement. By including provisions for mediation, arbitration, or other alternative dispute resolution methods, the template promotes the swift and amicable resolution of disputes, minimizing the disruption to business operations and preserving the employer-employee relationship.
Overall, the “Prohibition of Competition in Turkey Template” serves as a crucial tool for businesses to protect their competitive advantage and safeguard their interests in the increasingly competitive Turkish market. By establishing clear guidelines and restrictions on competitive activities, employers can prevent unfair competition practices, maintain their market share, and preserve their reputation within the industry. Moreover, by ensuring fairness and transparency in the employment relationship, the template fosters a positive work environment conducive to employee loyalty, productivity, and retention. As businesses navigate the complexities of the Turkish legal landscape, the implementation of the “Prohibition of Competition in Turkey Template” offers a proactive approach to risk management and compliance, ultimately contributing to the long-term success and sustainability of businesses operating in Turkey.
Notice of Prohibition of Competition in Turkey
With this contract if ………………. son/daughter of ……………….. born on ………………., in …………….., who is working for the employer ………………………., does .work within the boundaries of …………………………. for a period of ……………….. as ………………… or works in such a workplace or is present in such a workplace as a partner or in other capacities, and if that he/she damages the current employer by using information and documents belonging to the current employer or by directing customers while working in this way, it has been agreed to pay a compensation of TL ……………… or to remove this prohibition with an advance fee of TL ……………….
This Non-Competition Agreement has been drawn up in accordance with the will of the parties, has been read and signed together and copies have been given to the parties. (Date)
Employee/Name Surname/Signature Employer/Name Surname/Title/Employer
Representative/Signature
