Home Service Contract
HOME SERVICE AGREEMENT
(According to Articles 461 and subsequent articles of the Turkish Code of Obligations)
1. Parties
1.1. Employer:
Title/Name Surname: …………………………………
MERSIS/TCKN: …………………………………
Address: …………………………………
Contact: …………………………………
1.2. Worker (Domestic Service Provider):
Name and Surname: …………………………………
Turkish National Identity Number: …………………………………
Address (place of work): …………………………………
Contact: …………………………………
Application Note: According to Article 461 of the Turkish Code of Obligations, the work is performed at the worker's home or at a location they specify ; this element determines the typicality of the contract. It is important that the address is clearly stated and the delivery/receipt method is explicitly specified.
2. Definitions
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Home Service: The work assigned by the employer is performed and delivered to the worker in their own home or a location specified by them.
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Product/Work Outcome: ………(e.g., piece stitching, assembly, data input/output, packaging quantity, etc.)
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Materials/Equipment: Tools, equipment, and inputs to be used in the performance of the work (see section 7 below).
3. Subject Matter and Legal Nature of the Agreement
3.1. The subject of this contract is the performance of the worker's service at their own home/designated location (description of the work) and the delivery of the output to the employer. 3.2. The parties agree that this contract is subject to the provisions of Article 461 and subsequent articles of the Turkish Code of Obligations regarding home-based work contracts
4. Beginning, Duration, Trial
4.1. Start Date: …/…/……
4.2. Duration: ☐ Fixed term (… months) ☐ Indefinite term
4.3. Trial Period (optional): … days (maximum 2 months recommended). Termination without notice and without compensation is possible during the trial period; paid wages are reserved.
5. Scope of Work, Part/Unit of Work, Quality
5.1. The worker performs the work in accordance with the employer's instructions, technical specifications, and quality standards . 5.2. Unit of measurement: ☐ Per piece ☐ Hourly ☐ Project delivery ☐ Mixed (please specify: …). 5.3. Quality criteria/definition of defective work: … (e.g., tolerance ranges, acceptance-rejection criteria, checklist). 5.4. Revision/Return: In case of defective work/incomplete deliveries, the employer;
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☐ Request a free fix/remake,
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☐ It makes proportional deductions from the salary,
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☐ The employee rejects the work and returns it.
(Procedures and deadlines: notification within … days; return/re-delivery schedule: …)
6. Fees and Payment Terms
6.1. Payment type: ☐ Per piece … TL/unit ☐ Hourly … TL/hour ☐ Monthly … TL ☐ Project cost … TL. 6.2. Payment period: ☐ Weekly ☐ 15 days ☐ Monthly; payment date: … 6.3. Delivery-acceptance condition: Payment will be made within … days after the employer's acceptance of the delivery (bank/IBAN: …) . 6.4. Ancillary services (optional):
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Bonus/performance: …
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Travel and meal allowance (if applicable to the type of service provided at home): ..
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Coverage of expenses (in accordance with Article 7.3): ..
Application Note: Piecework pricing is very common for in-home services. The unit, acceptance/rejection, and revision regime should be clear.
7. Materials, Equipment, Costs, and Risks
7.1. Material supply:
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☐ Employer provides: … (quantity/serial number/delivery receipt)
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☐ The worker provides: …
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☐ Karma: …
7.2. Hardware/Equipment: (computer, sewing machine, hand tools, software license, etc.) Ownership and maintenance/repair obligations: …
7.3. Expenses:
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☐ Employer covers: … (a fixed amount of … TL/month for shipping, consumables, energy/internet, etc.)
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☐ Employee responsibilities: …
7.4. Risk of loss/damage: Materials provided by the employer belong to the employer. In case of loss/damage, a report is prepared.
7.5. Storage of goods and products , fire and theft precautions: …
8. Working Method, Instructions and Supervision
8.1. The worker performs the work at their own home/designated location ; the employer's right to manage and supervise is limited to the outcome and quality of the work . 8.2. The employer may provide technical specifications/safety instructions and conduct on-site/remote inspections (with reasonable prior notice). 8.3. Use of subcontractors/assistants (optional): ☐ Prohibited ☐ Possible with written consent; the worker is jointly and severally liable for compliance with confidentiality and security provisions.
9. Delivery, Shipping and Digital Transfer
9.1. Delivery method: ☐ Cargo/courier ☐ Hand delivery ☐ Digital platform/email (format/protocol: …).
9.2. Delivery time: …; obligation to notify in case of delay … hours/days.
9.3. Cargo responsibility and cost: ☐ Employer ☐ Employee ☐ Shared.
9.4. Delivery receipt and acceptance procedure: … (e.g., quality control within 3 business days).
10. Occupational Health and Safety – Data Security
10.1. Workplace layout and ergonomics are the responsibility of the worker. The employer shall inform the worker in writing of the minimum safety measures to be taken according to the nature of the work. 10.2. Data, hardware, and password security measures in digital work ; VPN/user account/antivirus requirement: … 10.3. In hazardous work, the employer is obliged to provide special equipment and training (specify if applicable).
Application Note: "Domestic services" are excluded from the scope of Law No. 6331 ; however, reasonable care and instruction obligations should be stipulated in the contract according to the nature of the work.
11. Personal Data and Privacy (Compliant with KVKK/GDPR)
11.1. The employee shall keep the employer's trade secrets and personal data confidential and shall not share them with third parties. 11.2. The information text and (if necessary) explicit consent are annexes to this agreement and are included in Appendix 1. 11.3. The employee shall access the personal data processed only for the purpose of performing the work and shall delete/prepare for return the data upon completion of the work . 11.4. In case of breach, a penalty of … TL and compensation for the resulting damages shall be applied (in accordance with Article 17).
12. Intellectual and Industrial Property Rights
12.1. The resulting work, design, software code, data set, etc., shall be deemed to have been created on behalf of the employer ; financial rights shall be transferred to the employer as … (☐ exclusive ☐ non-exclusive). 12.2. Scope of transfer: adaptation, reproduction, distribution, performance, public transmission, trademark/design application, etc.; duration/country limitation: indefinite and worldwide (unless otherwise specified). 12.3. Exercise of moral rights: mentioning the name as the author ☐ required ☐ not required (depending on the specific case). 12.4. Employee's duty of care and notification obligation in case of third-party infringement .
13. Non-Compete Clause and Customer Secrets (optional)
13.1. The employee may not use the employer's customer list/technical information for their own benefit during the contract period. 13.2. Optional non-compete clause : For a period of … months after the end of the contract, the employee may not work with the employer's direct competitors in the … field within the borders of … province/country . Penalty clause: … TL.
Warning: The non-compete clause must be limited to a reasonable period, place, and subject matter (by analogy to Articles 444-447 of the Turkish Code of Obligations).
14. Working Hours, Holidays and Leave (optional framework)
14.1. Due to the nature of home-based work flexible working arrangements are essential; deadlines are binding.
14.2. Weekly workload target (if any): … hours/… pieces.
14.3. National holiday/public holiday/leave schedule: … (aligned with the delivery schedule for piecework).
15. Notification, Communication and Electronic Communication
15.1. The parties agree that notifications made via e-mail and KEP (Registered Electronic Mail) addresses will be valid:
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Employer: e-mail/KEP: …
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Employee: Email: …
15.2. Unless address changes are notified in writing, notifications sent to the old address are valid.
16. Suspension of the Contract (Force Majeure)
16.1. In cases of force majeure such as natural disasters, epidemics, wars, or widespread power/internet outages, performance deadlines are suspended for the duration of the force majeure event . 16.2. If the force majeure event exceeds … days , either party may exercise their right to terminate the contract.
17. Penalties and Compensation for Damages
17.1. In case of privacy/data breach, a penalty of … TL will be applied; if the damage is excessive, the difference may be claimed separately. 17.2. In case of unfair termination or serious breach of the main obligation, a fixed penalty of ☐ … TL ☐ will be applied, which is … times the monthly salary.
18. Tax, Social Security and Legislation Compliance (optional depending on the specific case)
Option A – Classification as an Employment Contract: 18.A.1. The parties agree that this contract constitutes an employment contract and that the employer will fulfill its insurance, tax, and payroll obligations. 18.A.2. Wage payments will be made via payroll
Option B – Piecework-based dependent service (home service) / borderline employment relationship:
18.B.1. The work home service and the right to instruction and supervision results and quality .
18.B.2. Social Security/tax obligations are fulfilled by the parties in accordance with the legislation, the actual relationship(e.g., employment of home workers for more than 10 days, notification in accordance with Law No. 5510 and secondary legislation).
Application Note: the specific work arrangement of dependency or superior control, Labor Courts and the labor law regime may come into play. Choose the appropriate course of action based on the specific case.
19. Termination
19.1. Termination notice for indefinite contracts: ... days' prior written notice. 19.2. Immediate termination for just cause (examples): serious misconduct, breach of confidentiality, force majeure lasting more than ... days, unjustified delay in payment of wages by ... days, etc. 19.3. Return/delivery upon termination : Materials, data, and documents belonging to the employer must be returned within ... days ; digital data must be deleted, and a signed statement confirming the deletion must be provided.
20. Dispute Resolution and Mediation
20.1. The parties accept mandatory mediation as a prerequisite for litigation in disputes (to the extent that it is considered an employment relationship within the scope of Law No. 7036 on Labor Courts ). 20.2. Competent and authorized court (optional depending on the specific case):
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☐ Labor Courts (if an employment relationship is accepted); jurisdiction: …
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☐ Civil Courts of First Instance (unless it's an employment relationship); jurisdiction: …
21. Contract Integrity and Amendments
21.1. The annexes and technical specifications are an integral part of this contract.
21.2. Amendments written and mutually signed agreement.
22. Entry into force
22.1. This Agreement was signed in … copies on …/…/…… and entered into force.
Employer
Name/Signature: …………………
Employee (Domestic Worker)
Name/Signature: …………………
Appendices
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Appendix 1: Personal Data Protection Law (KVKK) Information Text and (if necessary) Explicit Consent
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Appendix 2: Technical Specifications and Quality Criteria
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Appendix 3: Material/Equipment Delivery Report
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Appendix 4: Delivery and Acceptance Procedure and Checklist
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Appendix 5: Fee Schedule (part/hour/project) and Revision Refund Policy
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