Remote work is defined as below in Article 14 of the Labor Law No. 4857;
"Remote work is a business relationship established in writing based on the principle that the employee fulfills their job at home or outside the workplace with technological communication tools."
Based on this article, the Remote Work Regulation has been published in the Official Gazette dated March 10, 2021 and numbered 31419.
Regulation details are as below:
The purpose of the regulation is defined in the below article;
ARTICLE 1 - (1) The purpose of this Regulation is to determine the tasks that cannot be done remotely and procedures & principles of remote work
Content of the Contract
Per Article 5; "Employment contracts for remote work should be made in writing."
In the contract; the below items should be located:
- The definition of the job,
- The duration and place of the work,
- The wages & payments
- The equipment provided by the employer, the obligations related to their protection,
- The general working conditions
Arrangement of The Working Location
Per Article 6; arrangements regarding the location of remote work should be completed before the work starts.
The cost covering methods are determined by the employee & employer together.
Supply and Use of Materials and Business Equipment
Per the Article 7; The required equipment should be provided by the employer.
The principles about the equipment should be communicated to the employee clearly.
The costs of these equipment should be shared with the employee in writing. A signed copy should be stored in the personnel file of the employee.
Covering Production Costs
Per Article 8; Determination of the necessary expenses for the remote work should be specified in the employment contract.
Determination of Working Time
Per Article 9; The duration of the remote work should be located in the employment contract.
Overtime work can be done upon the written request of the employer and with the written approval of the employee.
Per Article 10; The method of communication is determined by the employer & employee together.
Per Article 11;
- Employer should inform the employee about the rules of the data protection and take the necessary measures
- The employer determines the definition and scope of the data to be protected in the contract.
- The employee is obliged to comply with the rules determined for the data protection.
Measures Regarding Occupational Health and Safety
Per Article 12; The employer is obliged to inform the employee about occupational health and safety measures and provide the necessary training.
Tasks That Cannot be Performed Remotely
Per Article 13; the below works/tasks are not allowed to be performed remotely;
- Working with hazardous chemicals and radioactive substances, or working with the wastes of these substances,
- Working processes with risk of exposure of biological factors.
Transition to Remote Work
Per Article 14;
- The business relationship can be established directly with a remote work contract, or the existing contract can be converted to a remote work contract with an approval from the employee.
- The requirements about the remote work request from employee:
- The request should be made in writing.
- The request is evaluated by the employer
- The nature of the work and the employee's status and other criteria determined by the employer should be taken into account during the evaluation.
- The result of the request should be notified to the employee within thirty days by the method in which the request is made.
- If the request is accepted, a contract is made per the statements in Article 5.
- The employee who has started to work remotely may request to work in the workplace again. The employer should give priority for evaluating this request.
- In case of a force majeure, the employee approval would not be required to start the remote work.
You can reach the related Official Gazette via the link (in Turkish).
Originally Published by Cott Group, March 2021
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.