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Remote working has become a model spreading rapidly in today's business world. However, this new arrangement also brings with it various compliance requirements from the perspective of labour law. The rights, responsibilities and working conditions of employees and employers are detailed in the provisions of the Regulation on Remote Working. You can read our article to be informed on this subject!
Remote working is a method that spread rapidly with the COVID-19 pandemic and has become a permanent model in today's working world. Technological progress, companies' need for flexibility and the importance attached to employee satisfaction have increased the popularity of remote working. However, the spread of this model has also brought with it various compliance requirements and problems from the perspective of labour law.
Article 14 of the Labour Law No. 4857 defines remote working as a work model and regulates its general principles. Within this framework, the “Regulation on Remote Working”, which was published and entered into force on 10 March 2021, details the procedures and principles of remote working, the jobs to which it cannot be applied, and the rules on data security.
The Regulation defines remote working as “an employment relationship in which the employee performs the work obligation outside the workplace, generally at home or by using technological tools, and which is based on a written contract.” This definition clarifies the legal framework of remote working. Many aspects of remote working have been regulated by the relevant Regulation. In the remainder of our article, these provisions will be set out in detail.
Employment contracts relating to remote working must be drawn up in writing. The contract must include matters such as the description of the work, the manner in which it is performed, its duration and place, the remuneration and payment methods, and the provision and protection of work equipment. In addition, the arrangements concerning the place where remote working will be carried out must be completed before the work begins, and the manner in which the costs arising from these arrangements will be borne must be agreed between the employee and the employer. For example, matters such as the cost of the internet connection required at the employee's home should be clarified in the contract.
The Regulation states that the employer is obliged to provide the materials and equipment necessary for the work unless otherwise agreed in the contract. The employer must prepare a list when delivering equipment and must communicate it to the employee in writing. In addition, how the costs arising from the performance of the work will be borne must be clearly stated in the employment contract.
Remote working hours must be determined by the employment contract made between the parties, and cases of overtime must also be agreed in writing. This provision ensures that overtime is worked in accordance with the legislation while safeguarding employee rights.
In remote working, the method and timing of communication between the employee and the employer must be specified in the employment contract. In addition, data security is of great importance in remote working. The employer is obliged to provide the necessary information and take the necessary measures to ensure that the employee complies with data security rules. If data security rules are not complied with, the employee may face contractual liability.
The employer is also obliged to inform the employee on occupational health and safety matters, to provide the necessary training and to take safety measures concerning the equipment. This obligation aims to ensure that remote workers work in a safe environment.
Article 13 of the Regulation regulates the jobs in which remote working cannot be carried out. Accordingly, working with hazardous chemical substances and radioactive materials, handling these substances or working with their waste, and jobs involving a risk of exposure to biological agents are excluded from the scope of remote working. In addition, jobs of strategic importance or public services may be deemed unsuitable for remote working by the relevant public institution.
The conversion of an existing employment contract to remote working depends on the mutual agreement of the employee and the employer. However, where a transition to remote working at the workplace is made for compelling reasons, the employee's consent is not required. This aims to safeguard occupational health and safety and general working conditions.
