Abstract:

AbstractNon-competition is a necessary regulation in commercial law as well as in labor law. Non-competition clause is generally a record intended to protect employers and workplaces. The non-competition may be stated in the employment contract or in the appointment decision. In practice, the non-competition clause is included in order to prevent the information of the employer's trade secret from being obtained by other parties with whom it is in competition. Non-competition can be evaluated under the title of obligation of loyalty and is especially important in company law within the scope of commercial law. In the context of company law, the legislator has introduced a different regulation for limited companies. The prohibition of competition is also important within the framework of the directorate position within limited companies. The prohibition of competition for managers in limited companies is regulated in Article 626 of the Turkish Commercial Code No. 6102. The aforementioned non-competition clause has been made valid for all members of the board of directors. It is generally accepted that the purpose of non-competition regulations is to prevent managers who have knowledge of the company's trade secrets from competing with the company and harming the company's interests. In this study, firstly, the concepts of limited company and directorate will be explained, then the non-competition and violation situations regarding limited companies and their managers will be mentioned and analyzed within the framework of the views in the doctrine.

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