Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 6098, Official Gazette 04/02/2011, No. 27836. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6098&MevzuatTur=1&MevzuatTertip=5
PART TWO – Special Obligational Relationships
CHAPTER SIX – Service Contracts
DIVISION TWO – Marketing Contract
Article 448 – I. Definition
A marketing contract is a contract under which the marketer undertakes to act on a continuous basis, on behalf of an employer who owns a commercial enterprise and outside that enterprise, as an intermediary in the conduct of all types of transactions or, if there is a written agreement, to conduct the transactions specified in that agreement, and the employer who owns the enterprise undertakes to pay a wage in return.
Article 449 – II. Formation
A marketing contract shall specify the duration and termination of the contract, the marketer’s powers, how wages and expenses are to be paid, and, if either party is domiciled in a foreign country, the applicable law and the competent court.
If the matters required to be included in the contract pursuant to the preceding paragraph have not been determined by the parties, the provisions of law and customary conditions of employment shall apply.
Article 450 – I. Obligations
The marketer is obliged to visit customers in accordance with the instructions given, unless there is just cause requiring departure from those instructions; without the employer’s permission, the marketer may neither conduct transactions nor act as an intermediary on the marketer’s own account or on behalf of third parties.
If the marketer is authorised to conduct transactions, the marketer must comply with the prices and other transaction terms specified in the instructions and may not alter them without the employer’s consent.
The marketer is obliged to provide detailed information regularly on marketing activities, immediately forward orders received to the employer, and report significant events concerning the clientele.
Article 451 – II. Guarantee
Agreements providing that the marketer shall be liable for customers’ failure to pay or perform other obligations, or shall bear all or part of the costs of collecting a receivable, are absolutely null and void.
If the marketer conducts transactions with the marketer’s own clientele, the marketer may undertake in writing to compensate the employer, in the event of customers’ failure to perform their obligations, for up to one quarter of the damage suffered by the employer in each transaction, provided that an appropriate additional commission is agreed.
Marketers acting as intermediaries in insurance contracts may undertake in writing to bear no more than half of the costs incurred in bringing an action or initiating enforcement proceedings to collect a premium that has not been paid in whole or in part.
Article 452 – III. Powers
Unless otherwise agreed in writing, the marketer is authorised only to act as an intermediary in transactions.
If the marketer is authorised to conduct transactions, that authority covers all ordinary legal transactions and acts necessary to carry them out; unless specifically authorised, the marketer may not collect payments from customers or change payment dates.
Article 453 – I. Area of activity
If the marketer has been authorised to operate within a specified marketing territory or among a specified clientele, and there is no written agreement to the contrary, the employer may not authorise others to operate within the same territory or among the same clientele; however, the employer may personally conduct transactions with third parties.
If there is a reason requiring amendment of the contractual provision concerning the marketing territory or clientele, the employer may unilaterally amend that provision without observing the notice period for termination, even if such a period is stipulated in the contract; however, the marketer’s rights to compensation and to terminate the employment contract for just cause are reserved.
Article 454 – 1. In general
The employer shall pay the commercial traveller a wage consisting solely of a fixed amount or of that amount together with commission.
A written agreement providing that all or a substantial part of the wage shall consist of commission is valid provided that the agreed commission constitutes appropriate remuneration for the commercial traveller’s activities.
The wage payable during the probationary period may be freely agreed. However, the probationary period may not exceed two months.
Article 455 – 2. Commission
Where the commercial traveller has been granted exclusive authority to operate in a specified sales territory or among a specified group of customers, the commercial traveller may claim the agreed or customary commission on all transactions concluded by the commercial traveller or the employer within that territory or with that group.
Where authority to operate in a specified sales territory or among a specified group of customers has also been granted to others, the commercial traveller shall be paid commission only on transactions that the commercial traveller has brokered or personally concluded.
If the value of a transaction cannot yet be definitively determined when the commission becomes due, the commission shall initially be paid on the basis of the customary minimum value, and the remainder shall be paid no later than upon performance of the transaction.
Article 456 – 3. Prevention of sales activities
If the commercial traveller becomes unable to carry out sales activities through no fault of their own and remains entitled to a wage under the contract or the law, the wage shall be determined on the basis of the fixed wage and appropriate compensation payable for the loss of commission. However, if the commission amounts to less than one fifth of the wage, it may be agreed in writing that no compensation shall be paid for the loss of commission.
If the commercial traveller has received their full wage despite being unable to carry out sales activities through no fault of their own, the commercial traveller shall, at the employer’s request, perform work in the employer’s enterprise that they are capable of performing and may reasonably be expected to perform.
Article 457 – III. Expenses
If the commercial traveller acts on behalf of more than one employer at the same time, each employer shall contribute equally to the commercial traveller’s expenses unless otherwise agreed in writing.
Agreements providing that expenses shall be included, in whole or in part, in the fixed wage or commission are absolutely null and void.
Article 458 – IV. Right of retention
To secure claims arising from the commercial traveller relationship that have fallen due and, if the employer becomes insolvent, claims that have not yet fallen due, the commercial traveller has a right of retention over movable property, negotiable instruments and money received from customers pursuant to their authority to collect payments.
The marketing agent may not retain vehicle documents or transport documents, price lists, records concerning customers or other documents.
Article 459 – I. Special notice period
If commission amounts to at least one fifth of the fixed wage and is affected by substantial seasonal fluctuations, the employer may, during the new season and subject to a two-month notice period, terminate the contract of a commercial traveller who has continued to work for the employer since the end of the preceding season.
Under the same conditions, the commercial traveller may also, during the period before the next season begins and subject to a two-month notice period, terminate the contract with an employer who employed the commercial traveller until the end of the preceding season and has continued to do so thereafter.
Article 460 – II. Special consequences
Upon expiry or termination of the contract, commission shall be paid on all transactions personally concluded or brokered by the commercial traveller and on all orders transmitted to the employer up to the expiry or termination of the contract, irrespective of when they are accepted and performed.
Upon expiry or termination of the contract, the commercial traveller shall return to the employer the samples and models, price lists, customer records and other documents supplied for the purposes of the commercial traveller’s activities. However, the commercial traveller’s right of retention is reserved.
DIVISION THREE – Home Service Contract
Article 461 – I. Definition
A home-based employment contract is a contract under which the employee undertakes, in return for a wage, to perform work assigned by the employer at the employee’s own home or at another place chosen by the employee, either personally or together with family members.
Article 462 – II. Notification of working conditions
Whenever the employer assigns new work to the employee, the employer shall inform the employee of any features specific to that work that fall outside the general working conditions; where necessary, the employer shall also notify the employee in writing of the materials to be supplied by the employee, the amount to be paid to the employee for supplying those materials and the wage to be paid for the work.
If the amount payable for materials and the wage payable for the work have not been notified in writing before the work is assigned, the customary amounts and wages applicable to such work shall be paid.
Article 463 – 1. Performance of the work
The employee shall begin the work on time, complete it at the agreed time and deliver the result of the work to the employer.
If the work is defective through the employee’s fault, the employee shall remedy any defects that can be remedied at their own expense.
Article 464 – 2. Materials and work equipment
If the materials and work equipment are supplied by the employer, the employee shall use them with due care, account for their use and return any remaining materials and the work equipment to the employer.
If, while performing the work, the employee discovers that the materials or work equipment supplied are defective, the employee shall immediately notify the employer and await the employer’s instructions before continuing the work.
If the employee renders the materials or work equipment supplied unusable through their own fault, the employee shall be liable to the employer for their market value on the date on which they became unusable.
Article 465 – 1. Acceptance of the product
The employer shall inspect the product made and delivered by the employee and notify the employee of any defects discovered within one week of delivery. If notification is not made within that period, the product shall be deemed accepted in its existing condition.
Article 466 – a. Payment
The wage for the work performed shall be paid every fifteen days or, with the employee’s consent, monthly if the employee is employed continuously by the employer; if the employee is employed intermittently, it shall be paid upon each delivery of the product.
The employee shall be given a statement of account with each wage payment. The statement shall also show the amount of and reason for any deductions.
Article 467 – b. Where work is prevented
An employer who employs the employee continuously shall pay the employee’s wage in accordance with the provisions governing payment of wages where performance of services is prevented if the employer defaults in accepting the product or if work is prevented for reasons personal to the employee and through no fault of the employee. In other cases, the employer is not obliged to pay wages under those provisions.
Article 468 – V. Expiry and termination
If work is assigned to the employee on a trial basis, the contract shall be deemed to have been concluded for the probationary period unless otherwise agreed.
If the employee is employed continuously by the employer, the contract shall be deemed to be an indefinite-term contract unless otherwise agreed; in other cases, it shall be deemed to be a fixed-term contract.
Article 469 – B. Application of the general provisions
Where there is no applicable provision governing commercial traveller contracts or home-based employment contracts, the general provisions governing employment contracts shall apply.