Private Legal Disputes
It is the responsibility of all the Missions and their members to pay rents and public utility charges (electricity, water, gas, bank credits, telephone etc.) On their chanceries and residences by the due date. If the Missions and their members sign a contract with non- privileged persons and organizations in accordance with the Turkish Law, they are required to comply with legal obligations arising from the contract. In any case, if one of the parties is a Turkish citizen or organization, they have the right to apply to judicial bodies even if the contract appoints another country’s court for legal conflicts.
Article 49 of the Law (number: 5718 dated 27.11.2007 published in the Official Gazette dated12.12.2007 edition: 26728) on International Private Law clearly states that “in cases of legal conflicts stemming from private law relations, foreign countries do not enjoy judicial immunity and in such kind of legal conflicts notification (tebligat) can be made to the diplomatic representative of the foreign country”. Although the notification (tebligat) should be made to the Missions through the Ministry of Foreign Affairs, the Ministry has no legal right to interfere in the court proceedings. In such cases the Ministry strongly recommends all Foreign Missions to make their objections timely and to follow the legal procedures directly or through a legal representative (attorney).
Labour Law Disputes
As the labor law disputes involving foreign missions have been gradually increasing, the Ministry reiterates the contents of its circular Note no: 429252 dated 12 October 2006. Labor relations between the Foreign Missions and their locally employed (contracted) personnel - Turkish nationals or third country nationals with a residence permit in the country- are ruled by the Labor Law No: 4857 dated 22.05.2003 (issued in the Official Gazette edition: 25134 dated 10.06.2003) and other relevant legal instruments.
Missions are expected to observe the rules and procedures of the relevant Turkish Labor Law. In case of a legal disagreement or dispute on a labor issue concerning Turkish nationals or third country nationals residing in Turkey, Missions have no judicial immunity (International Private Law No:5718 Articles 44 and 49). Consequently, missions should follow the court proceedings and interfere timely to defend themselves directly or through a legal representative. Rulings of the labor courts regarding compensations should be observed.
Legal Notification (Tebligat)
Legal notification (Tebligat) to foreign missions is made in accordance with the Article 45 of the Turkish Regulation on Service (Tebligat Tüzüğü, date of Council of Ministers : 20.8.1959, No: 4/12059, published in the Official Gazette dated 11.9.1959, No: 10303) based on the Law for Service of Documents (Tebligat Kanunu) dated 11.2.1959, No: 7201.
In case of legal complaints or invitation to courts, legal notification to foreign missions must be made through the Ministry. In cases when documents are served directly to the address of the foreign missions, such notification (tebligat) should be either directly declined or forwarded to the Ministry in case of receipt.
When foreign missions decline to acknowledge receipt of legal notifications properly served by a Verbal Note of the Ministry, the date of the Ministry’s Verbal Note shall be considered as the date of service effected to the mission.