Non-compete agreements can limit where you work next, but whether they’re enforceable depends on several factors, including where you are.

The Non-Compete Agreements with Former Employers

In Turkey, regulations that restrict an employee’s freedom of competition and economic future are stipulated in Articles 444 to 447 of the Turkish Code of Obligations No. 6098 (TCO). For a non-compete agreement to be valid, the employee must have legal capacity, the agreement must be in writing, and there must be a legitimate and protectable interest of the employer.

According to Article 445/1 of the TCO, the non-compete obligation imposed on the employee must be limited in terms of geographical area, duration, and the type of work subject to the prohibition. Otherwise, under Article 445/2, the judge has the authority to limit excessive non-compete restrictions. This article allows the judge to freely evaluate all circumstances and conditions, including any consideration the employer may have undertaken, and to limit the scope and duration of the non-compete clause accordingly.

For instance, in a decision by the Court of Cassation, it was ruled that a judge can exercise discretion to limit the duration of a non-compete clause that stipulated a 5-year restriction. The Court of Cassation’s rulings on non-compete agreements that lack any limitations also vary. In another decision, it was accepted that the judge could uphold the non-compete clause even if no limitations were set, provided the employee works in the same sector and in the same role within the employer’s region.

If you break a valid non-compete, your previous employer could sue for damages or to stop you from working at your new job. Because the enforceability of non-competes really depends on your specific situation, it’s wise to consult with an attorney if you’re unsure about your agreement or if moving to your next job might cause legal issues.