Article 27 MÖHUK – Employment contracts
Article 27 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) determines the law applicable to employment contracts (iş sözleşmeleri) with a foreign element. The parties may choose a law, but the mandatory protection of the law of the place where the employee habitually works remains; without a choice, the law of that place applies. Paragraphs 1 and 4 were amended by Law No. 7550, and the amendment entered into force on 4 June 2025. The article matters to you if you work abroad for a company in Turkey, if you have been sent from Germany to Turkey, or if you work in more than one country.
Article 27 MÖHUK – text
Unofficial translation:
Employment contracts
Article 27 – (1) (Amended: 4/6/2025-7550/18) Employment contracts are governed by the law determined by the parties in the contract, without prejudice to the minimum protection the employee would enjoy under the mandatory provisions of the law of the employee’s habitual place of work.
(2) Where the parties have made no choice of law, the employment contract is governed by the law of the place of work where the employee habitually carries out his or her work. Where the employee temporarily carries out the work in another country, that place of work is not deemed to be the habitual place of work.
(3) Where the employee does not habitually carry out the work in one particular country but continuously carries it out in more than one country, the employment contract is governed by the law of the country where the employer’s principal place of business is located.
(4) (Amended: 4/6/2025-7550/18) However, where it appears from all the circumstances that there is a law more closely connected with the employment contract, that law may be applied to the contract instead of the provisions of paragraphs one, two and three, except for those provisions of the law of the place where the work is performed that must be applied at the time the work is performed.
Turkish original:
İş sözleşmeleri
MADDE 27 – (1) (Değişik:4/6/2025-7550/18 md.) İş sözleşmeleri, işçinin mutad işyeri hukukunun emredici hükümleri uyarınca sahip olacağı asgarî koruma saklı kalmak üzere, tarafların sözleşmeyle belirledikleri hukuka tâbidir.
(2) Tarafların hukuk seçimi yapmamış olmaları hâlinde iş sözleşmesine, işçinin işini mutad olarak yaptığı işyeri hukuku uygulanır. İşçinin işini geçici olarak başka bir ülkede yapması hâlinde, bu işyeri mutad işyeri sayılmaz.
(3) İşçinin işini belirli bir ülkede mutad olarak yapmayıp devamlı olarak birden fazla ülkede yapması hâlinde iş sözleşmesi, işverenin esas işyerinin bulunduğu ülke hukukuna tâbidir.
(4) (Değişik:4/6/2025-7550/18 md.) Ancak hâlin bütün şartlarına göre işin yapıldığı yer hukukunun işin yapıldığı sırada uygulanmak zorunda olan hükümleri hariç olmak üzere, iş sözleşmesiyle daha sıkı ilişkili bir hukukun bulunması hâlinde sözleşmeye birinci, ikinci ve üçüncü fıkra hükümleri yerine bu hukuk uygulanabilir.
According to the list of amendments in the official text of the law, this amendment by Law No. 7550 entered into force on 4 June 2025.
Legislative reasoning
According to the reasoning of the government bill, the article is a new provision with no counterpart in the old law. The reasoning states that the old rules ignored the social content of employment contracts, that the employee as the weaker party needs protection and that the employee performs at the place of work; on that basis it took the law of the habitual place of work (mutad işyeri) as the starting point. A choice of law was allowed only in the employee’s favour and to a limited extent. This reasoning belongs to the original text of the article; it does not explain paragraphs 1 and 4 as they read since the 2025 amendment.
Explanation
Choice of law. The parties may determine in the contract which law governs the employment contract. The chosen law cannot fall below the protection provided by the mandatory rules of the law of the employee’s habitual place of work. In other words, the chosen law and the mandatory rules of the law of the habitual place of work are looked at together, and the employee receives at least the protection of the law of the habitual place of work.
No choice. The law of the place where the employee habitually works applies. Working temporarily in another country does not change the habitual place of work (Article 27(2)). If the employee works continuously in more than one country, for example a driver on international routes or an area representative covering several countries, the law of the country of the employer’s principal place of business (esas işyeri) applies (Article 27(3)).
More closely connected law. Paragraph 4 gives the judge an option: if all the circumstances show that the contract is more closely connected with another law, that law may be applied instead of the law indicated by the first three paragraphs. Since the 2025 amendment, the text expressly extends this option to paragraph 1 as well, that is, to the choice of law. Even then, the provisions of the law of the place where the work is performed that must be applied at the time the work is performed still apply.
How the amendment will affect choice of law in practice, meaning in which cases a judge may set aside the law chosen by the parties, is debated. The law sets no separate criteria for this, and I have not been able to find a binding court decision given since the amendment. Which approach a court will take in a specific dispute is uncertain.
What this means if you live abroad
Sent abroad by an employer in Turkey. If a company in Turkey sends an employee for a few months to a building site or a client in Germany and the work there is temporary, the habitual place of work stays in Turkey, and Turkish law applies where no law was chosen (Article 27(2)). The law does not say how long “temporary” may last.
Working in Germany under a choice of Turkish law. If an employee works permanently in Germany and the contract chooses Turkish law, a Turkish court applies Turkish law, but the minimum protection of the mandatory rules of German law remains (Article 27(1)). The content of that protection is determined by German law; for that, you need to consult a lawyer admitted in Germany.
Which court? If the employee’s habitual place of work is in Turkey, the court of that place has jurisdiction. When suing the employer, the employee can also sue in the Turkish court at the employer’s domicile or at his or her own domicile or habitual residence (Article 44 MÖHUK). This jurisdiction cannot be excluded by agreement (Article 47(2) MÖHUK).
Intellectual creations. Contracts between employee and employer on intellectual creations made in the course of the work, such as an invention or software, are also governed by the law applicable to the employment contract (Article 28(3) MÖHUK).
For other matters arising from employment, see the employment law page.
Frequently asked questions
Can an employment contract contain a choice of law?
Yes, but the minimum protection the employee would have under the mandatory provisions of the law of the habitual place of work remains (Article 27(1) MÖHUK).
My Turkish employer sent me abroad. Which law applies?
If no law was chosen and the work abroad is temporary, the habitual place of work does not change, and Turkish law applies (Article 27(2) MÖHUK). The judge may apply a more closely connected law in view of all the circumstances (Article 27(4)).
When was Article 27 MÖHUK amended?
Paragraphs 1 and 4 were amended by Article 18 of Law No. 7550. According to the list of amendments in the official text of the law, the amendment entered into force on 4 June 2025.
Sources
Questions about your case
If you work abroad, or your employer in Turkey has sent you abroad, and you would like to know which law a Turkish court would apply to your employment contract and where you can bring a claim, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for German or Dutch employment law, please consult a lawyer admitted there. Useful to have ready:
- the employment contract and any posting letter,
- the dates you worked in each country,
- the country where the employer’s head office is and where the unit that assigned you is located.