Term casual workers in Turkish Labour Law

The objective of this study is to define the term casual worker; to determine its legal characteristics along with its elements; and in this matter to distinguish it from other worker types. Because, there is not a definition on which the doctrine agrees in Labor Law. On account of this, the term casual worker is used to cover different types of workers in practice. The term casual worker is characterized by its purpose. This purpose is to eliminate the need for temporary work force in a place of employment. So, the characteristics of work, namely the term casual work shall be the starting point in the explanation of the term. Because, for the presence of a casual employment, presence of a casual work is necessary. Casual work appears from the need for a work force in the place of employment, which is temporary and casual. The term casual work can be classified as; casual work in normal and systematic activities of the place of employment and casual work unfamiliar to normal and systematic activities of the place of employment which are temporary in characteristic. Therefore, casual worker can be defined in simplest meaning, as a worker who is employed in casual works. If we expand this definition, casual worker is a worker who is employed with a labor contract for a limited determined period, in a temporary need for work force in a place of employment and whose work is temporary and casual in characteristic. Because of the periodic characteristic of the term casual work, the labor contracts for casual employments shall be made for a determined period. Therefore, the articles related to labor contracts for a determined period may be effective in regarding labor contracts for casual employment, as long as they are appropriate for the characteristics of employment176 relationship. So, the rules for labor contracts for a determined period shall be applied to casual employment relationship, regarding the production, operation and termination of the contract. The term worker is defined as one who works on the basis of a labor contract, in both Act of Unions and Collective Labor Agreement Strike and Lockout Act in scope of collective labor law. Namely, in regarding the application of these acts, no distinction is made about the characteristic of the contract and worker types. So, the employment rights in these acts shall be available also for casual workers..«<*.^ ^ *e&»