The frequent and prolonged medical leave taken by an employee often adversely affects the normal functioning of the workplace and renders the continuation of the employment relationship challenging. Such persistent absenteeism may lead the employer to terminate the employment contract on the grounds of either just cause or a valid reason.
Pursuant to Article 18 of the Labor Act No. 4857, the employment contract of an employee benefiting from job security provisions may be…
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Legal and procedural framework
Legal framework
What legal framework applies to insurance coverage disputes, including legislation or judicial precedents
08 December 2025Insurance coverage disputes in Türkiye are primarily governed by the Turkish Commercial Code (Law No. 6102) (TCC) (articles 1401to1520) and the Insurance Act (Law No. 5684), which regulate insurance contracts, coverage limits, exclusions, duties of disclosure and the authority of the Insurance Arbitration…
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On 19 January 2026, the Turkish Medicines and Medical Devices Agency announced a new initiative focusing on real-world data and pharmacoeconomic analyses for medicines supplied from abroad within the scope of named patient programs. The initiative applies to medicines obtained under the regulation governing the supply of medicines from outside Türkiye, which are typically used in situations where no authorized or available alternative exists in the domestic market and access…
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One of the most debated issues in Turkish competition law in 2023 was the decision of the Constitutional Court dated 23 March 2023 (Application No. 2019/40991), in which the Court held that the on-site inspection conducted at the premises of Ford Otomotiv Sanayi A.Ş. violated the constitutional right to the immunity of residence due to its unlawfulness.
Following that decision, significant uncertainty arose as to whether the legislature would amend the relevant statutory…
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Higher Board of the Turkish Patent and Trademark Office upheld Beiersdorf’s opposition against a later trademark sharing NIVEA's distinctive blue-and-white composition
The Board highlighted the later mark could cause a likelihood of confusion with NIVEA, give the earlier’s strong distinctiveness and recognisability from its blue and white colour scheme
This precedent confirms colour and composition similarities can be decisive in trademark disputes when earlier marks have…
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With the Communiqué (Communiqué No: 2026/2) (“Update”), published by the Turkish Competition Authority (“Authority”) in the Official Gazette dated 11 February 2026 and numbered 33165, which foresees amendments to the Communiqué Concerning Mergers and Acquisitions Requiring the Approval of the Competition Board (Communiqué No: 2010/4), significant changes have been introduced for the purpose of determining the transactions subject to the approval of the Competition Board.
In…
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An Assessment in Light of a Recent Court of Cassation Decision
Undoubtedly, the initiation of patent infringement actions by patent holders for the purpose of protecting their exclusive rights, as well as the notification of third parties outside the proceedings who are suspected of involvement in infringing activities, fall within the scope of the rights conferred by patent law. Nevertheless, particularly in disputes between originator and generic pharmaceutical companies…
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Each year begins with an adjustment of the minimum wage, severance pay, and administrative fines set out under the Labour Act. This article provides an overview of the 2026 changes, which came into effect on 1 January 2026.
Minimum wage
In 2025 the monthly minimum wage rate was 26,005.50 Turkish liras (gross). As of 1 January 2026, this has increased to 33,030.00 Turkish liras (gross). The new rate applies from 1 January 2026 to 31 December 2026.
The minimum wage applies to…
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Higher Board of the Turkish Patent and Trademark Office upheld Beiersdorf’s opposition against a later trademark sharing NIVEA’s distinctive blue-and-white composition
The Board highlighted the later mark could cause a likelihood of confusion with NIVEA, given the earlier mark’s strong distinctiveness and recognisability from its blue and white colour scheme
This precedent confirms colour and composition similarities can be decisive in trademark disputes when earlier marks…
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As a result of the effective supervision carried out by the Advertisement Board (“Board”) in 2025, a significant number of guiding decisions were rendered in the field of commercial advertising and unfair commercial practices. The substantial increase in administrative fines that the Board may impose, introduced by the amendments to the Law on the Protection of Consumers dated 30 October 2024, has markedly strengthened the effectiveness and deterrent impact of the Board’s…
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One of the most frequently raised objections in proceedings for the recognition and enforcement of foreign court and arbitral awards, as well as in actions for the setting aside of foreign arbitral awards, is the allegation that the decision is contrary to public policy. Owing to its broad and interpretative nature, the concept of public policy has become a standard line of defence invoked in almost every recognition, enforcement, or annulment proceeding.
Until the Court of…
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Existing Facilitations for Capital Loss and Over-Indebtedness Calculations are Extended until 2026
Article 376 of the Turkish Commercial Code numbered 6102 (the “TCC”) regulates the measures to be taken and the precautions to be implemented by the board of directors of the company, and the procedures to be followed in cases where the company suffers capital loss or becomes over-indebted, in order to ensure the protection of the financial structure of the company and to secure…
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