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TRANSFER FEE: LEGAL CHARACTERIZATION AND PRACTICAL APPLICATION

1. Introduction The concept of a transfer fee is not directly defined in the Turkish Labor Code; its framework and legal nature in practice have largely been shaped by the decisions of the Court of Cassation (Turkey). This practice, which arises particularly in sectors with intense competition and limited skilled labor, is a type of payment that employers must carefully consider within the scope of their employment policies.

NEWS

COMPETITION IN THE LABOR MARKET: HR PRACTICES TO AVOID

The Turkish Competition Authority ("Authority"), which is entrusted with ensuring the proper functioning of markets, identifying practices that restrict competition, and imposing sanctions against infringements, operates under Law No. 4054 on the Protection of Competition ("Law") without distinction between input and output markets. Labor markets have recently emerged as one of the primary arenas in which entities compete in input markets and, with the influence of various additional dynamics, have become a market increasingly prioritized by the Authority. The Guidelines on Competition Violations in Labor Markets ("Guidelines"), adopted by the Authority on November 21, 2024, serve as an important reference for the prevention of competition infringements in labor markets. In this bulletin, in light of the Guidelines and decisions of the Competition Board ("Board") within the Authority, (i) the fundamental principles and information regarding the application of competition law to labor markets, and (ii) the main prohibited practices to be observed when competing in labor markets will be addressed.

NEWS

DOES AN EMPLOYEE'S EXTENDED PERIOD OF SICK LEAVE GRANT THE EMPLOYER THE RIGHT TO TERMINATE THE EMPLOMENT CONTRACT?

In employer-employee relations, the direct impact of long-term medical reports on the status of the employment contract holds critical importance for both employees and employers. In particular, uninterrupted periods of sick leave lasting for a certain duration are regulated under Article 25/I(b) of the Labour Law as a specific provision that grants the employer the right to immediate termination for just cause and determines the rights to be granted to the employee. In this context, how the employer may exercise the right of termination for just cause following the employee's extended medical leave and the legal basis of this process should be examined in detail.

Diğer Haberler

16 July 2025

Terminatıon Right Of The Employer Due To Conviction And Detention And Legal Consequences

In labour law practice, which is a dynamic field based on the principle of protecting the balance between the employee and the employer, the employee's failure to fulfill their obligation to perform work-especially when this results from circumstances that restrict individual freedom, such as conviction or detention-has significant legal consequences regarding the termination of the employment contract.

DETAIL

14 July 2025

Radical Change In The Labor Law Dated 14.07.2025: Flexible Week Holiday Period Has Started In The Tourism Sector!

With the Law No. 7553 on the "Amendment of Certain Laws and Decree Law No. 375" published in the Official Gazette on July 14, 2025, important innovations have been introduced in the Labor Law and some other laws. In this context; as of 14.07.2025, with the provision added to the article Article 46 of the Labor Law which regulates the week holiday, flexible week holiday specific to the tourism sector have been introduced.

DETAIL

09 July 2025

Climate Law Enacted

The Climate Law No. 7552 ("Law"), which includes regulations on the procedures and principles related to the reduction of greenhouse gas emissions in the fight against climate change, climate adaptation activities, planning and implementation tools, revenues, permits and inspections, and the legal and institutional framework surrounding these, was published in the Official Gazette dated July 9, 2025, No. 32951, and entered into force. This Law sets out general principles and objectives from a casuistic perspective, preferring to leave detailed and technical regulations to secondary legislation.

DETAIL

07 July 2025

Mediation Practices In The Land Registry

Pursuant to the amendments introduced by Law on Amendments to the Enforcement and Bankruptcy Law and to Certain Other Laws which was published in the Official Gazette dated 05.04.2023, numbered 32154 to the Law on Mediation in Civil Disputes dated 7/6/2012 and numbered 6325 ("Law"), the scope of disputes that may be resolved through procedural- mandatory- and voluntary mediation has been expanded.

DETAIL

27 June 2025

Effects Of The Concordatum Period On Pledgees

Pursuant to Article 285 of the Enforcement and Bankruptcy Law (EBL), a debtor who is unable to pay their debts on time or is at risk of default may request a concordatum. During the period granted to the debtor upon such request, no enforcement proceedings may be initiated, and ongoing proceedings are suspended, in accordance with Article 294/1 of the EBL.

DETAIL

18 June 2025

M&A Dynamics in Publicly Traded Companies: New Investment Strategies Through Borsa Istanbul

In recent years, IPOs in Turkey have reached record levels. In 2023 and 2024, a large number of companies started trading in Borsa Istanbul as a result of initial public offerings (IPO) transactions. These IPOs, which attracted great interest from small investors, stand out as important strategic moves in which companies gain transparency and visibility, and also play a role as an important financing tool. With IPOs, publicly traded companies / partnerships are now drawing the attention of not only small investors but also domestic/foreign strategic and financial investors.

DETAIL

DAHA FAZLA YÜKLE