The Limits of the Employee’s Duty of Loyalty: Confidentiality and Non-Competition Obligations Under Turkish Law

Bekik M. E., Dönmez F. E., Durmuş K.

Ömer Halisdemir Üniversitesi İktisadi ve İdari Bilimler Fakültesi Dergisi, sa.21, ss.1-14, 2026 (TRDizin)

Özet

This study examines the limits of the employee’s duty of loyalty under Turkish labour law, focusing particularly on confidentiality and non-compete obligations. The mutual trust underlying the employment relationship imposes on the employee an obligation to safeguard the employer’s legitimate interests. However, this duty is not unlimited, as it must be balanced against the employee’s constitutional freedom to work and their economic future. Within this framework, the study systematically analyzes Articles 396 and 444–447 of the Turkish Code of Obligations, as well as Article 25/II-e of the Labour Law, distinguishing between non-compete obligations during and after the employment relationship. It is demonstrated that while the duty not to compete during employment arises directly from the duty of loyalty, post-contractual non-compete obligations require a written agreement and must comply with strict validity conditions, including limitations regarding scope, duration, and subject matter. The study further addresses judicial intervention in excessive restrictions, the effects of workplace transfers, and the interaction between non-compete agreements and unfair competition law. In light of Court of Cassation decisions, the paper evaluates the delicate balance between the employer’s protectable interests and the employee’s freedom of work, offering practical solutions to disputes encountered in practice.