The Regulation on the Amendment of the Regulation on Remote Working (the “Amending Regulation”), prepared by the Ministry of Labour and Social Security, was published in the Official Gazette dated 25 September 2026 and numbered 33381, and entered into force on the same date.
With this amendment, the legal framework for the hybrid working model, which is widely adopted in practice, has been clarified, and important clarification has been introduced regarding the terms and conditions to be included in employment contracts governing such working arrangements.
A new paragraph has been added to Article 9 of the Regulation on Remote Working, titled “Determination of Working Hours”, as follows:
“(2) It may be agreed that the employee’s obligation to perform work be fulfilled partly at the workplace and partly through remote working. In such cases, the days on which the employee will work at the workplace and remotely, as well as the working hours, shall be specified in the employment contract.”
Legal Assessment and Practical Implications of the Amendment
Express Regulation of the Hybrid Working Model: Under Article 4 of the Regulation on Remote Working, a remote worker was defined as an “employee who performs all or part of his/her obligation to perform work remotely.” However, the Regulation did not contain a specific provision governing how the relevant working days and hours should be determined.
With the newly introduced paragraph, hybrid working models, under which employees work at the workplace on certain days of the week and remotely on other days, have been expressly placed on a clear legal footing.
Requirement to Specify Working Days and Hours in the Employment Contract: Pursuant to the amendment, the days on which an employee will work at the workplace and remotely, as well as the working hours applicable on such days, must be clearly and unambiguously specified in the employment contract.This provision aims to eliminate uncertainties concerning working arrangements and to prevent potential disputes that may arise between the parties.
Significance in Terms of Overtime and Occupational Health and Safety: Clearly specifying working days and hours in the employment contract is of particular importance for determining overtime working periods, defining the scope of the employer’s duty of care towards the employee, and assessing the employer’s legal liability in the event of an occupational accident.In this regard, determining whether an occupational accident occurred at the workplace or during a period of remote working may constitute a critical factor in establishing the applicable liability regime.
Recommendations for Employers and Human Resources Departments
Review of Employment Contracts and Supplementary Protocols: In workplaces where hybrid or partial remote working arrangements are currently in place, existing employment contracts, supplementary remote working protocols and personnel regulations should be reviewed. The relevant documents should expressly specify which days will be designated as office-based working days and which days will be remote working days, together with the applicable working hours.
Written Form Requirement: Considering the requirement under Article 5 of the Regulation on Remote Working for remote working arrangements and related amendments to be made in writing, it is advisable to ensure that all such arrangements are formally documented in a written agreement duly executed by the parties.
Conclusion and Assessment
The amendment to the Regulation dated 25 September 2026 represents a significant step towards aligning modern working arrangements with the applicable legal framework. In order to minimise the risk of potential employment law disputes and administrative sanctions, it is strongly recommended that employment contracts and internal regulations and other relevant corporate documents be reviewed and updated in line with the new regulation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
