AŞIRI NİTELİKTEKİ REKABET YASAĞININ HÂKİM TARAFINDAN SINIRLANDIRILMASI

Abstract

The agreements that include the condition that the employee is prohibited from using the information belonging to the employer, such as customer data, the production secret which he has learnt during the employment contract, in a certain place, time and area of activity, in a way to create competition with the employer, are non-competition agreements. Non-competition agreements protect the employer on the one hand and restrict the workers' freedom to work, which is protected by the Constitution, on the other. Therefore, non-competition agreements are subject to some formal requirements. However, some restrictions have been imposed on the non-competition agreements in terms of place, time and type of work. If these restrictions are not complied with, the judge has been given the authority to limit the excessive prohibition of competition. The non-competition agreements that do not contain any restrictions should be evaluated within the scope of Turkish Civil Code art. 23 and Turkish Code of Obligation art. 27. In this study, non-competition agreement in general, the effects of restriction of the non-competition agreement and excessive competition prohibition by the judge were examined.