DOI: 10.26650/ppil.2026.46.1.1873721 ISSN: 2667-4114

The Law Applicable to Individual Employment Contracts Including a Foreign Element Under Turkish Private International Law and the Remarks on the Recent Changes on the Relevant Conflict of Law Rule after the Turkish Constitutional Court’s Annulment of

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Disputes arising from individual employment contracts, including a foreign element, and the law applicable to those disputes have frequently been the subject of litigation before Turkish courts. Recently, significant legal developments and legislative amendments concerning the conflict of law rule regulating the law applicable to employment contracts have emerged a need to address those issues. This article examines the conflict of law rule regulated under Art. 27 of Law No. 5718 of the Turkish Code on Private International Law and International Civil Procedure, which regulates the law applicable to individual employment contracts including a foreign element, the conflicting approach of Turkish courts in the application of this provision, and the ruling of the Turkish Constitutional Court regarding the request for annulment of the first and second paragraphs of Art. 27. Our assessments and views, as well as the discussions in the doctrine and judicial decisions, will also be explained, especially on the issue of the law applicable to the disputes arising from foreign service contracts, which have been the subject of conflicting rulings by Turkish courts. Finally, the amendments made by the legislator to Art. 27/1 and 27/4 following the annulment of the first paragraph of Art. 27 by the Constitutional Court will be examined, and our views regarding those amendments and their impact on the pending cases will be explained.

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