Legislation Bulletin 2026/21 · 2 October 2026

Constitutional Court ruling on freedom of expression in terminations under Labor Law No. 4857

Judgment of the Constitutional Court Dated 21/4/2026 and Numbered 2022/81264

Laws concerned: Labor Law No. 4857

Published in the Official Gazette, the Constitutional Court ruling was issued upon the individual application of an employee whose employment contract was terminated due to statements made during a local television program. In its decision, the High Court stated that Article 18 of Labor Law No. 4857 meets the criterion of restriction by law and that the intervention is based on the legitimate aim of protecting the reputation or rights of others. The ruling emphasizes that a fair balance must be maintained between the employees' freedom of expression and the employer's loyalty obligation and right to protect honor and reputation.

In the specific case, the application was handled within the scope of individual application review, and no direct amendment was made to the text of Labor Law No. 4857. This decision serves as high court precedent regarding how judicial authorities should evaluate the balance between valid grounds for terminating an employment contract and freedom of expression. It provides guidance for employers and employees concerning the boundaries of freedom of expression during termination processes.

Who is affected

all employers and employees.

Official Gazette text