İşletme Çalışanlarının Haksız Rekabet Eylemleri

Abstract

It is doubtless that, employees who learn the information and secrets about the company can create an unfair competitive act due to intensity of the relationship between company and themselves. In this respect, the concept of employee is broadly interpreted and the act of unfair competition examined, on the basis of duty of loyalty and the act of performing duties (job/business). Specially in choosing this concept considering the diversity of business relationships, efforts to include employee, apprentice, interns and dependent trade asistants have been effective.

In the Turkish Commercial Code (numbered 6102), the provisions of unfair competition are regulated in Article 54 and in the following articles. Article 54 arranged as a general clouse and Article 55 arranged as an example of unfair competition. Article 55 of TCC includes six major unfair competition cases. These cases are, Advertisement and selling methods against the rule of good faith, To inducement breach or termination of contract, To benefit from the work product of another in an unauthorized way, To disclose production and business secrets illegally, To disregard the working requirements, To use general terms and conditions against good faith. By evaluating our thesis subject and scope of our study, we scrutinized in detail mostly the cases where the employees are perpetrators or indirectly contributed situations are; To inducement breach or termination of contract, To benefit from the work product of another in an unauthorized way, To disclose production and business secrets illegally and the general provision situations. Other unfair competition situations are briefly mentioned in terms of the scope of our study.

Concepts such as the responsibility of the employer and the non-competition agreement regarding the actions of the employees that occur while the business relationship is continuing and the actions that occur after the business relationship terminated are also discussed. In the last part of our study, there are legal cases that can be filed and measures that can be requested.