عقد العمل المرن في المنزل (مفهومه و إشكالياته)‎ : دراسة في القانون الأردني-مقارنة باتفاقيات منظمة العمل الدولية

الملخص EN

The contract of work at home is an innovative form of telework, which in turn is a form of flexible work contracts.

The feature of the flexibility of a work contract at home means that it is to be implemented in a spatial setting that is far from the usual workplace location of the house as a residential place.

This articles discusses the concept of a domestic work contract, its definition and evaluation of its idea and legal organization on the one hand, and its legal problems on the other, in light of the Jordanian legislator's regulation of its provisions as an application of flexible work compared to the International Labor Organization conventions in this concern.

The researchers have reached the conclusion that the regulation of the Jordanian legislator for this type of contracts has created legal problems that were indispensable if the legislator remedied them initially; some related to the requirement of writing, making it a formal contract in the departure of the public rules, and some related to the obligation of the employer to transfer the worker to the flexible work system if some conditions are met in violation of the convention nature of this form of work.

Other problems are related to the nature of the worker dependency relationship to the employer, as a distinct criterion for the work contract, in light of the failure of the standard of dependency in its traditional conception to interpret that relationship, the matter that makes the researcher recommend re-regulation of this contract.