MİLLETLERARASI İŞ UYUŞMAZLIKLARINA İLİŞKİN DAVALARDA MÜNHASIR YETKİ: TÜRK HUKUKU VE BRÜKSEL I BIS TÜZÜĞÜ ÇERÇEVESİNDE BİR DEĞERLENDİRME

Abstract

This thesis examines the issue of exclusive jurisdiction in proceedings concerning international labour disputes within the framework of Turkish Law and the Brussels I Bis Regulation. The imbalance of bargaining power between the parties to employment contracts has led to the adoption of special jurisdictional regimes aimed at protecting the weaker party. In this context, the study outlines the concepts of international jurisdiction and exclusive jurisdiction and evaluates, in light of the approaches adopted under Turkish Law and the Regulation, the effects of the debate on exclusive jurisdiction in disputes arising from contracts involving a weaker party, with particular emphasis on individual employment disputes. In the first chapter, the concepts of international jurisdiction and exclusive jurisdiction are explained, and the debates concerning the existence and scope of exclusive jurisdiction in disputes arising from contracts involving a weaker party are examined with specific reference to individual labour disputes, within the framework of Turkish private international procedural law and the Regulation. Subsequently, the rules governing international jurisdiction in individual labour disputes are analysed comparatively in light of the approachs adopted under Turkish law and the Regulation. In this chapter, the existing rules on international jurisdiction in individual labour disputes are examined in detail and interpretative comments and proposals are presented. In particular, it is proposed that, in cases where the employee’s habitual place of work is abroad while the employee’s domicile is in Türkiye, the court of the employee’s domicile in Türkiye may, under certain conditions, also be granted jurisdiction. The second chapter addresses jurisdiction agreements under Turkish law and the Regulation and analyses the impact of debates on exclusive jurisdiction in labour disputes on the validity and effects of such agreements. In this context, amendment proposals are developed based on the systematic structure of the Regulation. Finally, the provisions of Turkish law and the Regulation concerning recognition and enforcement are examined, and the impact of the debate on exclusive jurisdiction in labour disputes on the recognition and enforcement of judgments is evaluated, particularly in relation to the right to a fair trial, accompanied by critical observations and proposals.