Obligations of Employers Regarding Remote Work
With the Regulation on Remote Work (“Regulation”) published in the Official Gazette dated 10.03.2021 and numbered 31419, the works that may not be performed with remote work, application of organization rules on protection and disclosure of data and the principles and procedures regarding remote work are regulated.
The remote employees working in line with the article 14 of the Labour Law numbered 4857 and employers of these employees are within the scope of the Regulation.
i) Transition to Remote Work and Contract
Remote work relationship may be established with a written contract or the existing employment contract of the employee working in the workplace may be converted into a remote work contract upon agreement of the employee and the employer.
In case the employee would like to work remotely, he shall submit his request in writing. The employer evaluates as to whether remote work is suitable considering the nature of the job and the employee. The result of the evaluation to be made by the employer shall be notified to the employee within 30 (thirty) days in writing. If the request is accepted, a written contract including provisions with regards to the description of the job, the method of execution, the duration and place of the work, wage and matters on payment of wage, the work tools and the equipment provided by the employer and the obligations related to their protection, the employer's communication with the employee and general and special working conditions shall be drawn up.
The remote employee may request to work in the workplace again. The employer shall evaluate the employee’s request as a priority.
If the remote work will be applied in the whole or part of the workplace due to compelling reasons regulated under the legislation, the request or consent of the employee is not required for the transition to remote work.
ii) The Equipment and Work Tools to be Provided
Unless otherwise agreed under the employment contract, the necessary equipment and work tools shall be provided by the employer in order for the remote employer to perform his duties for the production of goods and services. The principles of usage of the equipment and work tools, as well as the maintenance and repair conditions shall be communicated by the employer to the employee. Following the delivery of the work tools by the employer, the list of work tools indicating their prices on the date of delivery to the employee shall be submitted to the employee by the employer in writing.
iii) Working Hours
The time interval and duration of remote work shall be specified under the remote work contract. Working hours may be changed by the parties and remote employees may perform overtime with the written request of the employer provided that the regulations in the legislation are adhered to.
iv) Data Protection
The employer is obliged to inform the remote employee about the protection and disclosure of data and take the necessary measures to protect the data. The definition and scope of the data to be protected must be stated under the contract.
v) Work Health and Safety Measures
The employer is obliged to inform the remote employee regarding work health and safety measures, provide the necessary trainings, provide health surveillance and take the necessary work safety measures by taking into account the nature of the work performed by the remote employee.
vi) Works that May Not be Performed Remotely
It is not allowed to work remotely for works that involve working with hazardous chemicals and radioactive substances, processing these substances or working with the wastes of these substances, working processes that have risk of exposure to biological factors.
The remote employees working in line with the article 14 of the Labour Law numbered 4857 and employers of these employees are within the scope of the Regulation.
i) Transition to Remote Work and Contract
Remote work relationship may be established with a written contract or the existing employment contract of the employee working in the workplace may be converted into a remote work contract upon agreement of the employee and the employer.
In case the employee would like to work remotely, he shall submit his request in writing. The employer evaluates as to whether remote work is suitable considering the nature of the job and the employee. The result of the evaluation to be made by the employer shall be notified to the employee within 30 (thirty) days in writing. If the request is accepted, a written contract including provisions with regards to the description of the job, the method of execution, the duration and place of the work, wage and matters on payment of wage, the work tools and the equipment provided by the employer and the obligations related to their protection, the employer's communication with the employee and general and special working conditions shall be drawn up.
The remote employee may request to work in the workplace again. The employer shall evaluate the employee’s request as a priority.
If the remote work will be applied in the whole or part of the workplace due to compelling reasons regulated under the legislation, the request or consent of the employee is not required for the transition to remote work.
ii) The Equipment and Work Tools to be Provided
Unless otherwise agreed under the employment contract, the necessary equipment and work tools shall be provided by the employer in order for the remote employer to perform his duties for the production of goods and services. The principles of usage of the equipment and work tools, as well as the maintenance and repair conditions shall be communicated by the employer to the employee. Following the delivery of the work tools by the employer, the list of work tools indicating their prices on the date of delivery to the employee shall be submitted to the employee by the employer in writing.
iii) Working Hours
The time interval and duration of remote work shall be specified under the remote work contract. Working hours may be changed by the parties and remote employees may perform overtime with the written request of the employer provided that the regulations in the legislation are adhered to.
iv) Data Protection
The employer is obliged to inform the remote employee about the protection and disclosure of data and take the necessary measures to protect the data. The definition and scope of the data to be protected must be stated under the contract.
v) Work Health and Safety Measures
The employer is obliged to inform the remote employee regarding work health and safety measures, provide the necessary trainings, provide health surveillance and take the necessary work safety measures by taking into account the nature of the work performed by the remote employee.
vi) Works that May Not be Performed Remotely
It is not allowed to work remotely for works that involve working with hazardous chemicals and radioactive substances, processing these substances or working with the wastes of these substances, working processes that have risk of exposure to biological factors.