Is the Employment of Disabled Children Under Guardianship Residing in Care Institutions Subject to Permission?
Is Employment of Disabled Children Under Guardianship in Care Facilities Subject to Permission?
In this week's column allocated to me in the newspaper, I will try to explain a very important issue to you. As you also know, being a guardian carries significant responsibilities. I will try to provide information on whether the employment of disabled children under guardianship residing in care facilities is subject to permission.
The Turkish Civil Code regulates in detail how a guardian's duty ends at the end of the term. Specifically;
Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.
Under the relevant article of the Turkish Civil Code, if a guardian is appointed to a restricted person by the guardianship authority, the duty ends automatically upon the expiration of the term unless the guardianship duty is extended. The Court of Cassation is of the opinion that if a decision regarding the termination of the guardian's duty is not taken by the competent court, the guardian's duty continues with the tacit acceptance of the guardian and the Judge of the Civil Court of Peace at the end of the term. This perspective is accepted as a general rule, as it is consistent with other provisions introduced to ensure that the person under guardianship does not remain unrepresented and with the will of the legislature.
The employment of children who are fit to work within the scope of the provisions of the “Regulation on the Procedures and Principles for the Employment of Child and Young Workers” is subject to the permission of the judge of the Civil Court of Peace, who is the guardianship authority according to Article 462 of the Turkish Civil Code.
B. Permission
I. From the guardianship authority
Turkish Civil Code Article 462- The permission of the guardianship authority is required in the following cases:
1. Purchase, sale, mortgaging of immovable property, and establishment of other real rights over them,
2. Purchase, sale, transfer, and mortgaging of movables or other rights and assets outside of ordinary management and operational needs,
3. Construction works that exceed the limits of ordinary management,
4. Lending and borrowing,
5. Undertaking bill of exchange obligations,
6. Conclusion of product lease agreements for one year or longer and immovable property lease agreements for three years or longer,
7. Engaging the person under guardianship in an art or profession,
8. Filing a lawsuit, settling, arbitration, and composition, provided that the guardian's authority to take temporary measures in urgent cases is reserved,
9. Conclusion of marital property regime contracts, partition of inheritance, and transfer of inheritance share,
10. Declaration of insolvency,
11. Taking out life insurance for the person under guardianship,
12. Conclusion of an apprenticeship contract,
13. Placement of the person under guardianship in an educational, care, or health institution,
14. Changing the place of residence of the person under guardianship.
The guardian must comply with the provisions of the Regulation on the Procedures and Principles for the Employment of Child and Young Workers. The daily working hours of child and young workers are applied by taking into account a continuous rest period of fourteen hours within a twenty-four-hour period. The working hours of children attending school during the education period may be a maximum of two hours per day and ten hours per week, outside of school hours, in accordance with the regulation. During periods when school is closed, working hours cannot exceed seven hours per day and thirty-five hours per week.
Attorney Gizem GONCE