Determining the Applicable Law to Employment Contracts with Foreign Element in the Context of the Annulation Decision of the Constitutional Court Regarding MÖHUK 27/1 and the New Regulation Enacted by Law No. 7550

Development summary

The article addresses the divergent doctrinal and judicial approaches to determining the law applicable to employment contracts with a foreign element, with a particular focus on differing interpretations of Article 27 of the Turkish Private International Law Act (MÖHUK). It also considers the new regulation introduced by Law No. 7550 after the Constitutional Court annulled Article 27(1), and examines, by drawing on both private international law and labour law scholarship, the law applicable to claims brought by workers taken from Türkiye to work abroad.