The Constitutional Court annulled Article 27(1) of the Act on Private International and Procedural Law No. 5718, finding it contrary to the principle of employee protection.
Turkey Government, Public Sector
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The Constitutional Court annulled Article 27(1) of the Act on Private International and Procedural Law No. 5718, finding it contrary to the principle of employee protection. The decision will take effect on September 10, 2025. However, Article 27(2) was not found unconstitutional.
Introduction
The 27th Civil Chamber of the Istanbul Regional Court of Appeal, the 10th Labor Court of Istanbul, and the 11th Labor Court of Ankara applied to the Constitutional Court of Türkiye ("Constitutional Court") through concrete norm review, arguing that paragraphs (1) and (2) of Article 27 of the Act on Private International and Procedural Law No. 5718 ("Act") were unconstitutional in lawsuits concerning claims arising from employment contracts.
In its decision numbered 2023/158 E., 2024/187 K., the Constitutional Court ruled that paragraph (1) of Article 27 of the Act was unconstitutional as it violated Article 49 of the Constitution, which safeguards the freedom to work, and annulled the provision.1 The annulment decision was published in the Official Gazette No. 32837 and will take effect six months after its publication date, meaning it will enter into force on September 10, 2025.
Provisions Annulled
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