Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

AuthorKadriye Bakirci
Pages87-92
87
8Self-employed workers ( Directive 2010/41/EUand some relevant
provisions of the Recast Directive)
8.1General (legal) context
8.1.1Surveys and reports on the specific difficulties of self-employed workers
The OECD’sEntrepreneurship at a Glance 2015 report says only 1.2 % of female workers
in Turkey are employers. That is higher than Japan’s 0.9 %, but below the OECD average
of 2.2 %.243
The male-dominated social structure inTurkey constitutes a serious barrier to women's
entrepreneurship. Gender discrimination experienced by women in the private as wellas
the public sphere significantly limits their visible participation in economic life outside their
homes. A sample survey ofnearly 5 000micro and small enterprises (MSEs) found that
6 % of them led by women, which shows that women's businesses tend tobe very small.
Nearly half are in trade and one-third are in industry. Many of the one-person women's
enterprises are in home-based manufacturing. Women entrepreneurs tend tobe younger
and have more education than men entrepreneurs, and about half of the women
entrepreneurs were employed aswage earners before starting their own businesses.
Virtually none ofthem made use of credit for starting their businesses and very few had
access to business support services of any kind.244
8.1.2Other issues
Another barrier tostarting a business in Turkey isthe lack oftraining on how tocreate
and grow a start-up. Basic entrepreneurship training, forexample, would require the
individual tofamiliarise him/herself with the available opportunities and procedures for
identifying supporting institutions and preparing project application packs, orobtaining
bank loans, and the like (requiring at least a high school degree). This is not the current
skill distribution suggested by the self-employed statistics in Turkey.245
8.1.3Overview of national acts
Constitution Article 48 provides that everyone hasthe freedom to work and conclude
contracts inthe field of his/her choice. Establishment of private enterprises isfree. The
state must take measures to ensure that private enterprises operate inaccordance with
national economic requirements and social objectives and in security and stability.
According toArticle 117/1 ofthe Penal Code (PC), Any person who violates freedom of
work and occupation by using violence or threat or performing an act contrary to the law,
is sentenced toimprisonment from six months totwo years and imposition of punitive fine
upon complaint of the victim.
The principle ofequal treatment between men and women who are self-employed has
been implemented through the HREIA and thePC. The PC stipulates penal sanctions for
preventing a person from engaging in any economic activities due toreasons ofhate based
onlanguage, race, nationality, colour, gender, disability, political thoughts, philosophical
beliefs, religions or sects (Article 122). The HREIA prohibits any discrimination regarding
access toself-employment, licences, registration, discipline and similar subjects (Article
6/4).
243 OECD (2015), Entrepreneurship at a Glance 2015, OECD publishing, Paris.https://www.oecd-
ilibrary.org/industry-and-services/entrepreneurship-at-a-glance-2015_entrepreneur_aag-2015-en.
244 Ozar, S. (2016), ‘Women Entrepreneurs in Turkey: Obstacles, Potentials, and Prospects’in Chamlou, N. and
Karshenas, M. (eds.) Women, Work and Welfare inthe Middle Eastand North Africa, World Scientific; OECD
(2016), Women entrepreneurship Key findings: Turkey Who wantstobeanentrepreneur?’, March 2016,
http://www.oecd.org/sdd/business-stats/EaG-Turkey-Eng.pdf. Bakirci, K. (2011), ‘Womenin Business:
Overview’,inEncyclopedia of Women in Today's World, Vol. 1, Sage Publications, USA.
245 See OECD (2015), Entrepreneurship at a Glance 2015, OECD publishing, Paris.

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT