Home Work Contract

One of the important regulations brought alongside the law no. 6098 Turkish Code of Obligations effectuated on 01.07.2012 is “Home Work Contract”. Service Contract is regulated in the sixth part of the second section where private liability relations are regulated in the Turkish Code of Obligations. In the first section of this part, “General Service Contract (TCO. 393-447), in the second part “Marketing Contract (TCO 448-460), and in the third part “Home work Contract” regulations are found. General provisions to be applied to the service contracts were described under the title of “General Service Contract”; and special provisions have been introduced regarding “Marketing Contract” and “Home work Contract” as subtypes of service contract. Home work contract is defined in article 461 of Turkish Code of Obligations as: “Home work contract is a contract where the employee agrees to carry out the duties as defined by the employer in the employee’s ow n home or somewhere else specified by himself/herself or with family members in return for a fee.”. This description is in parallel with the description specified in the C177 Home Work Convention of International Labour Organisation. Home work, in other words, conventionally working from one’s home employed by but without the supervision of the employer, emerged with the Industrial Revolution in the 18th century and spreading widely into modern times. The concept of working from home does not mean undertaking the routine domestic chores in one’s house such as cleaning, cooking or looking after children and the elderly. In order to determine whether a job carried out at home qualifies as subject to Home Work Contract; the employer must set the work, the employee must deliver and the employee must need equipment and tools in order to deliver the obligations. Also, the worker must deliver the end-result and the employer must be able to use the end-product in own productions or directly on the market. Production of industrial and trade goods made by hand or using a machine, work that involces the processing and improvement of produced goods, financial and technical studies, journalism and scientific studies, and artistic works can be subject to home work contract. In today’s world, textile and food sectors involve a substantial amount of home work. In our study, we evaluate the requirement to protect the workers and the legal regulations regarding the matter within the Code of Obligations “Home Work Contract”.

Anahtar Kelimeler: Home work, Turkish Obligations Law No.6098, employer, home work contract

One of the important regulations brought alongside the law no. 6098 Turkish Code of Obligations effectuated on 01.07.2012 is “Home Work Contract”. Service Contract is regulated in the sixth part of the second section where private liability relations are regulated in the Turkish Code of Obligations. In the first section of this part, “General Service Contract (TCO. 393-447), in the second part “Marketing Contract (TCO 448-460), and in the third part “Home work Contract” regulations are found. General provisions to be applied to the service contracts were described under the title of “General Service Contract”; and special provisions have been introduced regarding “Marketing Contract” and “Home work Contract” as subtypes of service contract. Home work contract is defined in article 461 of Turkish Code of Obligations as: “Home work contract is a contract where the employee agrees to carry out the duties as defined by the employer in the employee’s ow n home or somewhere else specified by himself/herself or with family members in return for a fee.”. This description is in parallel with the description specified in the C177 Home Work Convention of International Labour Organisation. Home work, in other words, conventionally working from one’s home employed by but without the supervision of the employer, emerged with the Industrial Revolution in the 18th century and spreading widely into modern times. The concept of working from home does not mean undertaking the routine domestic chores in one’s house such as cleaning, cooking or looking after children and the elderly. In order to determine whether a job carried out at home qualifies as subject to Home Work Contract; the employer must set the work, the employee must deliver and the employee must need equipment and tools in order to deliver the obligations. Also, the worker must deliver the end-result and the employer must be able to use the end-product in own productions or directly on the market. Production of industrial and trade goods made by hand or using a machine, work that involces the processing and improvement of produced goods, financial and technical studies, journalism and scientific studies, and artistic works can be subject to home work contract. In today’s world, textile and food sectors involve a substantial amount of home work. In our study, we evaluate the requirement to protect the workers and the legal regulations regarding the matter within the Code of Obligations “Home Work Contract”.

Keywords: Home work, Turkish Obligations Law No.6098, employer, home work contract