NEWSLETTER-2020-metin

351 LABOR LAW differently due to the provisions of directly applicable rules and public order regulated under Articles 5 and 6 of the AIPPL. Directly Applied Rules and Public Order Most of the regulations in the labor law regarding the protection of business life, social security, strikes and lockouts, maximum work- ing hours, which are entered into force due to the state’s economic and social policies, are identified as directly applied rules. 6 As per Article 6 of the AIPPL, “ In situations where the competent foreign law is ap- plied and in cases that fall under the scope of directly applied rules of Turkish law with respect to the purpose of regulation and field of application, such directly applied rule of Turkish law is applied. ” It is aimed to protect the public interest with directly applied rules. Due to the nature of these rules, even if the employment contract is governed by foreign law, the provision designated under the foreign law shall not be applied, but the directly applied rule of the Turkish law shall be applied, instead. Additionally, Article 5 of the AIPPL sets forth that “ In case the provision of a competent foreign law to be applied for a specific event is evidently contrary to the public order of Turkey, that provision is not applied; Turkish law is applied in cases where deemed necessary. ” For public order intervention, the decision to be made after applying the foreign law to the case shall explicitly contradict the principles of Turkish law 7 . Because employees are the weaker parties against employers, employment contracts differentiate from other types of contracts un- der Turkish law. Pursuant to Court of Cassation precedents, the choice of law in employment contracts is narrowly recognized and, thus, employees are prevented from being faced with lower standards than the ones in Turkish law. Briefly, in cases where foreign law grants less protection to the employee, the corresponding provision under Turkish law is applied. 6 Şanlı, Cemal; Esen, Emre; Ataman Figanmeşe, İnci: Milletlerarası Özel Hu- kuk, Vedat, İstanbul, 2013, p. 275. 7 Tarman, p. 544.