EVDE HİZMET SÖZLEŞMESİJournal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi (Necmettin Erbakan University Faculty of Law Review) (Vol.2, No. 2)
Publication Date: 2019-12-31
Authors : Banu Bilge Sarıhan;
Page : 201-210
Keywords : ;
Article 461 of the Turkish Code of Obligations; “A home service contract is defined as the contract that the employer undertakes to see in his own home or in another place to be determined, in person or together with family members, for a fee.“ This definition is in line with the definition of International Labor Organization's Home Working Convention No. 177. Working at home, that is, depending on an employer, without the supervision of the employer, working at home under the contract, emerged with the industrial revolution of the 18th century and is becoming increasingly widespread today. The concept of working at home is not the daily work of homework, cleaning, cooking, as well as continuous household chores such as child and elderly care. In determining whether a work carried out at home can constitute the subject of the home service contract; the employer must give the job and the worker must carry out the job and need material and work tools when performing the job. In addition, the worker must deliver the completed work result to the employer and the employer must be able to use the work result in his own production or directly in the market. The provisions of the Labor Law do not apply to homework contracts. In our study, the need to protect employees in terms of “Home Service Contract”, Law of Obligations and related legal regulations will be evaluated.
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