Akademik Veri Yönetim Sistemi
JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, cilt.74, ss.815-848, 2016 (ESCI, TRDizin)
Our study is on the legal status of screen and stage workers. In accordance with the Constitution of the Republic of Turkey Art.64, a special constitutional protection is provided to the artists. However, it is a fact that particularly screen and stage workers who are within the scope of our study have some problems with regard to the issues such as social security, working time, health and safety at work etc. The determination of the legal status of screen and stage workers is important with regard to the ascertainment of the legal regulations applied to them. It should be stated that only the legal status of screen and stage workers who work under a private law contract has been examined within the scope of our study, whereas workers subject to Administrative Law, civil servants for instance have not been included in the scope. Section 1 of our study which consists of three sections is on the concept of screen and stage worker. In the second section, the determination of the legal status of screen and stage workers in accordance with the Turkish law, especially in the decisions of the Court of Appeal has been examined. In this context, the elements of the contract of employment which is the basis of the concept of employee have been investigated and the differences between the contract of employment and contract for services have been clarified, since the tendency of the Court of Appeal to attribute such employment relationships to the contract for services has been ascertained. In the third section, the determinations and evaluations regarding the issue in Switzerland, Germany, England and United States of America have been set forth by conducting a study within the framework of Comparative Law.