The basic structural feature of labor markets, where competition for labor is essential, is that a few number of employers are operating vis-a-vis a large number of employees. This feature creates an imbalance in favor of employers especially in terms of employees’ wages and other working conditions. In addition to the said structure of the market, practices among employers restricting competition regarding the mobility of employees as well as wages and other working conditions strengthen the existing imbalance. In this new and important area, which has been on the agenda of many competition authorities including the Turkish Competition Authority in recent years due to the explained reasons, the need to ensure clarity about the infringements concerning labor markets within the framework of the Act no 4054 on the Protection of Competition (the Act no 4054) has arisen; as a result of this need, new draft guidelines have been prepared. 
“The Draft Guidelines on Competition Infringements in Labor Markets” (Draft Labor Guidelines) aims to set forth the basic principles concerning: 

• The place and importance of the practices between undertakings in labor markets within the framework of the Act no 4054,
• The types of infringements concerning labor markets within the framework of article 4 of the Act no 4054, how the Competition Board deals/will deal with the said infringements and the issues about the relevant infringements that third parties should pay attention to,
• The criteria, according to which ancillary restraint assessment concerning agreements between competitors in the labor market is/will be made,
• Under which scope articles 5, 6 and 7 of the Act no 4054 can be implemented to the agreements and actions in labor market.

The Draft Labor  Guidelines has been opened to public opinion  according to the Board decision dated 12.09.2024 and numbered 24-37/888 -M and the opinions, recommendations and evaluations concerning the draft can be sent to isgucu@rekabet.gov.tr until 27.09.2024 by filling in the opinion form below. 
Click here for the Draft Labor Guidelines and here for the opinion form.
NOTE: The name/title as well as contact information of the person/institution sending an opinion should be included in the opinion form and “The Draft Labor Guidelines” should be written in the subject of the e-mail.