Research Information System
Uluslararası Necmettin Erbakan Hukuk Kongresi, Konya, Turkey, 10 - 12 April 2021, no.81, pp.129-156, (Full Text)
With
the widespread use of communication technologies, the increase in the use of
computers, mobile phones and network connection technologies, to the extent
that the qualification of the work falls appropriately, the way has been opened
for workers to perform their work outside the workplace. As a result of being
able to work outside the workplace by using telecommunication techniques, a
telework relationship has arisen.
There
are several types of telework. These include home telework, central telework,
mobile telework, virtual telework, and mixed telework. A common feature of
these types is that the work is performed in a place outside the employer's
workplace, in the classical sense, away from the supervision of the employer. Occupational accidents also occur in this type of working.
In such a case, it is necessary to determine the type of legal responsibility
arising from the occupational accident that the worker, who is not under the
direct supervision of the employer, suffered during telework.
Occupational accident is defined in the Law
No. 6331. In order for an accident to be considered an occupational accident,
the accident must occur at work or due to the performance of the work, the
violation of the integrity of the employee's body, or make him mentally or
physically disabled or cause his death. There are different views in the
doctrine regarding the type of responsibility arising as a result of
occupational accident.
Places
where Telework performed have gone beyond the concept of the workplace in the
classical sense. Teleworkers can perform their job duties for the employer in
more than one place. This form of work can be performed in the teleworker's own
residence, as well as in teleworker centers. In mobile and virtual teleworking
forms, the concept of the workplace loses its classical meaning.
Since
the forms of telework are very differ even within themselves, each of the
consequences of occupational accidents arising from this relationship should be
examined separately. Although, as a rule, contractual fault liability will be
mentioned, it may also be possible to talk about danger liability and objective
liability if the conditions occur.