Non-competition clausule in the labour contract

The non-competition clausule is an agreement entered into by and between the employee and the employer. This contract puts the employee under the obligation of not to compete with the employer following the completion of the labour contract on the employee. Nonetheless non-competition clausule restricts employee?s liberty of labour. Turkish Law of Obligations targets to protect the employee?s liberty of labour and establish an appropriate balance between the conflicting interests by the help of the techniques such as subjecting the validity and binding feature of non-competition to a series of conditions, limiting the scope of the prohibition and relieving the sanctions applicable to contradiction with the obligation of non-competition. Assumption of a financial compensation by the employer is not a requirement for validity of the non-competition clause in the Turkish law. However, validity of the non-competition clause in respect of required law should be based on the condition that the employer assumes financial compensation at least at the rate of 50% of the recent salary of the employee