1. Do the main laws that regulate the employment relationship apply to:
Laws Applicable to Foreign Nationals Under Article 27 of the Act on Private International and Procedural Law No. 5718, employment contracts with a foreign element are subject to the governing law chosen by the parties, without prejudice to the minimum protection that employees are afforded under the mandatory provisions of the law of their habitual workplace. Therefore, the parties can choose the governing law for their employment contract, but where Turkish law provides more favourable rules that give employees a higher standard of protection than the law chosen to govern the employment contract, Turkish law will still apply. In the absence of a foreign law chosen by the parties to govern an employment contract with a foreign element, the employment laws of the employee's habitual workplace will apply to the employment contract. If the employee performs their job in another country temporarily, then this workplace will not be considered the employee's habitual workplace. However, depending on all the facts of the case, if there is a law more closely related to the employment contract, this can be applied to the employment contract instead of the law of the employee's habitual workplace (when there is no choice of governing law). Laws Applicable to Nationals Working Abroad Under Article 27 of the Act on...
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