Newsletter on Remote Working Regulation
Remote Working Regulation (“Regulation”), which regulates the rights and obligations of remote working employees and employers in accordance with the Labor Law numbered 4857, is published at the Official Gazette and entered into force as of 10.03.2021.
You may below the information regarding significant provisions regulated under the Regulation.
- Agreements regarding remote working
Employment agreements for remote working must be executed in writing and must include provisions on (i) description of the work, (ii) method for performance of work, (iii) duration and location for the work, (iv) matters regarding the salary and payment of salary, (v) work equipment and tools provided by the employer and the obligations regarding protection thereof, (vi) employer’s communication with the employee, and (vii) general and special working conditions.
This is not a new provision, since such were also included in article 14 of Labor Law in 2016.
- Organizing the working location
If necessary, the organization regarding the location, where the remote working will be performed, must be completed prior to the performance of the work and the method for covering the expenses related to the said organization must be determined mutually by the remote working employee and the employer.
- Supply and use of materials and work equipment to be used
- Unless regulated otherwise in the employment agreement, the materials and work equipment required for the production of goods and services by the remote employee should be provided by the employer.
- The principles for use and maintenance and repair conditions for the materials and work equipment must be notified explicitly and clearly to the remote employee.
- In the event the work equipment will be provided by the employer, the list indicating the work equipment stating the prices of such equipment at the date of delivery to the employee must be submitted to the employee in writing by the employer and a copy thereof that is signed by the employee must be kept in the employee’s personal file. However, if such work equipment list is regulated within the employment agreement or as an annex to the employment agreement, the condition to issue a written document will not be applicable.
- Covering production expenses
The provisions regarding the determination and covering of the obligatory expenses related directly to the production of goods or services arising from the performance of the work must be specified in the employment agreement.
- Regulation of working time
- The time interval and duration of remote working must be specified in the employment agreement.
- The employee and the employer may change the working hours subject to the limitations stipulated in the legislation.
- Overtime work must be conducted with the written request of the employer and upon acceptance of the employee and in accordance with the provisions of the legislation.
The method and time interval for communication in remote working will be determined between the remote employee and the employer.
- Regulations on data protection
- The remote employee must be informed by the employer in respect of the business rules and relevant legislation regarding the protection and sharing of data pertaining to the workplace and work of the remote employee.
- Necessary measures for protection of such data will be taken by the employer.
- The employer is obliged to determine in the agreement, the definition and scope of the data required to be protected.
- The remote employee is obliged to comply with business rules set by the employer for the purpose of protection of data.
- Regulations on transition to remote working and the employee’s application
- The employment relationship can be established directly by way of execution of a remote employment agreement or, upon the agreement of the employer and the employee, the employment agreement of the employee, who is currently working at the workplace, can be converted into a remote employment agreement (or the employment agreement may be revised).
- Provisions related to the employee’s request to work remotely must be made as follows:
- The request will be made in writing.
- The request will be evaluated by the employer in accordance with the procedure determined in the workplace.
- While the request is being evaluated, the suitability of the work and the employee in respect of remote working and other criteria to be determined by the employer will be used.
- It is essential that the evaluation result of the request is notified to the employee within 30 days with the method same as the employee’s request.
- If the request is accepted, the agreement must be executed in accordance with the requirement of format and content of the employment agreement for remote working.
- The employee, who has started to work remotely, can request to convert back to working at the workplace by following the above-mentioned procedure (and within the framework of the provisions regarding the request for remote working). The employer must give priority to such request.
- If remote working will be applied for the whole or part of the workplace due to force majeure events specified in the legislation, the employee’s request or approval will not be required for transition to remote work.
- Regulation on taking measures regarding occupational health and safety
The employer is obliged to take the following actions in consideration of the qualifications of the work being provided by the remote employee:
- To inform the employee on occupational health and safety measures,
- To provide the necessary training,
- To ensure health surveillance, and
- To take the necessary occupational safety measures regarding the equipment the employer provides.
- Works, Regarding Which Remote Working Cannot be Conducted
- Working with hazardous chemicals and radioactive substances, processing of these substances or working with the wastes of these substances, working processes that involve the risk of exposure to biological factors cannot be subject to remote working.
- Works obtained by public institutions and organizations by way of service procurement and the units, projects, facilities or services that have the strategic significance in respect of national security – provided that it is determined by the relevant public institution and organization and units, projects, facilities or services that remote working cannot be performed in respect of that particular work.