UNDER WHAT CIRCUMSTANCES IS A NON-COMPETE AGREEMENT SIGNED BETWEEN AN EMPLOYER AND AN EMPLOYEE INVALID?

UNDER WHAT CIRCUMSTANCES IS A NON-COMPETE AGREEMENT SIGNED BETWEEN AN EMPLOYER AND AN EMPLOYEE INVALID?

According to the Turkish Code of Obligations, a non-compete agreement is invalid if the employee lacks the capacity to act at the time the agreement is made, if the agreement is not made in writing, if the employee does not have the opportunity to acquire information about the employer’s customer base, trade secrets, or work performed at the workplace, or if there is no possibility of the employee causing significant damage to the employer (TCO Art. 444/1, 2). The burden of proving the existence of the validity conditions rests with the employer.