It is seen by Constitution of The Republic of Turkey, Article 49 that principle of protecting the worker is adopted as one of the fundamental rules. According to Article 49 of Constitution of The Republic of Turkey, “Everyone has the right and duty to work. The State shall take the necessary measures to raise the standard of living of workers, and to protect workers and the unemployed in order to improve the general conditions of labor, to promote labor, to create suitable economic conditions for prevention of unemployment and to secure labor peace.” In fact, the principle regarding protecting the worker takes its basis from the principle of the social state. Along with the aforementioned principle, the Constitution also includes other fundamental rights regulated with the aim to protect workers such as working conditions and right to rest and leisure (Article 50), right to organize unions (Article 51), rights of collective labor agreements and collective agreement (Article 53), right to strike, and lockout (Article 54), provision of fair wage (Article 55), health services and protection of the environment (Article 56), right to social security (Article 60).

Employee-employer relationship in today’s Turkey is regulated with many codes, regulations and citations being in the first place 6098 numbered Turkish Code of Obligations, 4857 numbered Labor Law, 7036 numbered Law on the Labor Courts, 6331 numbered Law on the Occupational Health and Safety, 854 numbered Maritime Labor Law, 5953 numbered Law on Press Labor Law, 6356 numbered Law on Trade Unions and Collective Bargaining Agreements, 9783 numbered Law on Social Insurance and General Health Insurance.

Employees and employers may, of their own free will, include all kinds of provisions in the employment contract, provided that they do not violate the mandatory rules of law. In accordance with the rule of honesty, it is necessary to maintain a balance between conflicting interest in the employment contract. Today, unfortunately it cannot be said that the labor acts of his own free will, even during establishment stage of the employment contract. Let alone changing the provisions of the employment contract, the labor cannot even find the opportunity to examine and negotiate terms of the contract, and often has to submit to the conditions determined unilaterally by the employer.