Applicable law and jurisdiction of Turkish courts in disputes arisen from employment agreements, containing foreign element

In this study, "Applicable Law and Jurisdicton of Turkish Courts in Disputes Arisen From Employment Agreements, Containing Foreign Element" was examined. Within the scope of the study, firstly, the historical developments of the employment contracts and the principle of protecting the weak side were discussed, and then the disputes arising from the foreign business contracts were examined within the scope of the conflict of laws rules to be applied to the merits. In the following sections, the rules that shall prevent the implementation of the conflict of laws rules are included and in the last section, the international authority of Turkish courts in disputes arising from employment contracts with foreign elements is explained. The method used in the study is both local and foreign source scanning and interpretation method. The conclusions reached at the end of the study; First of all, in disputes arising from foreign employment agreements before Turkish courts, the nature of the plaintiff's demands should be examined and determined whether the relevant demand is regulated with directly applied rules in Turkish law. If the relevant demand is regulated as relative imperative provisions, Turkish court shall reach a solution within the framework of Article 27 of the Code of International Private Law Act. The consequences of foreign law to be applied in this way, causes intolerable results in terms of Turkish public order, Turkish court shall be applied to the dispute. In such a dispute, the legal nature of the claims of the plaintiff in the Turkish legal system is one of the most important issues. In addition to these, in disputes arising from employment contracts with foreign elements, the international jurisdiction of Turkish courts shall be determined according to the article 44 of the Code of International Private Law Act.