Working at home in Turkish Labour Law

Although there are many descriptions for homeworking, the one defined by the International Labour Organisation is generally accepted. According to that definition, homeworking is to manufacture or to provide a certain good of an employer at her/his home for an employer or an intermediary, as required by a contract without the audition of the employer or the intermediary. Homeworking has been regulated and defined similarly as of the International Labour Organisation under the title of the Homeworking Labour Contract in the New Turkish Law of Obligations that is going to become valid on 1st July 2012.There are no other particular regulations related to homeworking in the Labour Law nr #4857, except for that is of in the New Turkish Law of Obligations. For this reason, homeworking in theory is not liable to the Labour Law since homeworking in respect of some aspects relies upon the contract of construction, not upon the labour contract. In respect of another aspect, the work performance of the employer sustains all components of the labour contract since it is involved in the labour organisation of the employer even though that performance in question is not executed in the workplace of the employer. Therefore, the employee who works at her/his home is defined as employee in compliance with the Labour Law according to that aspect. The decisions of the High Court of Appeal, on the other hand, adopt the second aspect. In this context, the legal status of the homeworkers under the individual labour law is ascertained within the scope of the Labour Law nr #4857. Besides, there are some kinds of deficiencies in the execution of the laws that regulate the collective labour relations to the homeworkers; the Law on Trade Unions nr #2821 and the Law on Collective Bargaining Agreement, Strike and Lock-Out nr #2822. In conclusion, there are also some kinds of legal loopholes similarly in the execution of the Law on Social Security and General Health Insurance nr #5510 to the homeworkers.