Digital Nomad Employees and the Applicable Law to Digital Nomad Employees’ Employment Contracts under Law No. 5718

Abstract

Digital nomads are workers who travel between countries for nonwork related reasons, depending on their spatial freedom and perform virtual work in these countries through the portable technological devices they have to the extent that they do not constitute permanent residence. The key elements of digital nomadism are technology, distance (cross border work), work life balance, travel freedom, and frequency. Digital nomads can be self employed or employees. If labour disputes involving digital nomad employees are brought before the Turkish courts, Article 27 of Turkish Private International and Procedural Law No.5718 (MOHUK) shall be applied. Article 27 of the law limits the choice of law to the minimum protection of the mandatory provisions of the law of the employee's habitual place of work. However, it is not possible to determine a habitual workplace for digital nomad employees. This article examines how the minimum protection standard can be ensured in determining the applicable law for labour disputes involving digital nomads who do not have a habitual workplace, which country's law should govern their employment contracts, and whether such determination is consistent with the principles of equity in private international law, as well as how the amendments made to Article 27 of MOHUK should be interpreted, taking into account the unique characteristics of digital nomadism. For this reason, the emergence of the concept of the digital nomad, its meaning, and its relationship with remote work and similar employment methods are primarily examined.