The procedure regarding the employment of Turkish workers abroad, who were taken abroad for employment by companies established in Turkey, and the law to be applied to foreign employment contracts to be concluded with these workers are specifically designed in the Turkish legislation.
There are bilateral labour agreements signed between Republic of Turkey and many countries. These are Germany, Austria, Belgium, the Netherlands, France, Australia, Libya, Jordan, Qatar, the Turkish Republic of Northern Cyprus, Azerbaijan and Kuwait.
If a Turkish worker is to be employed in any of these countries, the provisions of the bilateral labour agreement will be the base for determining which law to be applied to these employees to be working abroad.
In addition to the procedures regulated in bilateral labour agreements, in accordance with Article 4 of the Overseas Employment Regulation, private employment agencies authorized by the Turkish Employment Agency can be able to mediate for employment abroad to companies established in Turkey.
Due to the fact that the worker will be employed abroad, the law of the country where the work will be performed is generally chosen as the law to be applied to the overseas service contracts. Even if the parties have decided to apply the law of a foreign country to the employment contract, if a dispute regarding the contract is brought to Turkish courts and the Turkish courts are authorized to hear the case, the element of foreignness arises due to working abroad and the Law No. 5718 on International Private and Procedural Law is to be applied.
Pursuant to the Article of this act, employment contracts are subject to the law chosen by the parties, without prejudice to the minimum protection that the worker will have under the mandatory provisions of the customary workplace law.
