The provisions of the Labour Act shall be applied to all personnel, but article 4 of the mentioned act states some activities and employment relationships which are exempt from this act. According to the article, the following are not subject to the Labour Act;
a. Sea and air transportation activities,
b. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out,
c. Any construction work related to agriculture which falls within the scope of family economy,
d. In works and handicrafts performed at home home without any outside help by members of the family or close relatives up to 3rd degree (3rd degree included),
e. Domestic services,
h. Those? undergoing rehabilitation,
i. Establishments employing three employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act.
However, the following shall be subject to this Act;
a. Loading and unloading operations to and from ships at ports and landing stages,
b. All ground activities related to air transportation,
c. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
d. Construction work in agricultural establishments,
e. Work performed in parks and gardens open to the public or subsidiary to any establishment,
f. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Freedom of contract applies in principle, but relating to the public order, employment agreements have some restrictions in employee’s favor. In accordance with the employee protection principle which dominates the labour law, freedom of contract is restricted. Labour Law provisions frequently determine the upper and lower boundaries of work conditions. The parties in an employment contract can only modify the upper limit boundaries of work conditions, but they can’t negotiate the lower limit boundaries of conditions provided by Labor Law. In the case of Labor Law, parties can modify the rules only in the favour of the employee. They cannot change these provisions against the interest of the employee. Legal nature of rules provided by Labor Act is relative imperative rules.
As per Article 36 of Law No. 6356, collective bargaining agreements take precedence over the individual employment agreements except otherwise It is stated in the collective bargaining agreement, however, if the individual employment contract includes some more favorable stipulations for employee, those stipulations shall prevail.