Evaluation of the Provisions Regarding the Choice of Applicable Law in Foreign Labor Contracts After the Annulment Decision of the Constitutional Court

Development summary

After the Constitutional Court annulled Article 27(1) of the Turkish Act on Private International Law and Procedural Law, the rules on choice of law in labour contracts with a foreign element had to be reconsidered from a labour-law perspective. Ali Uçar’s article, published in the Ankara Haci Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi on 29 July 2025, examines the annulment decision and its reasoning, compares the relevant provisions of the Rome I Regulation and views in German law, and offers solution proposals for the current legal framework. It also addresses the control of general terms and conditions applicable to choice-of-law clauses in two periods: before the annulment and after the amendment.