The ”Remote Working Regulation” (“Regulation”), which was published in the Official Gazette dated March 10, 2021 and numbered 31419 and entered into force on the same date, determines the working procedures and principles of employees subject to remote work within the scope of the Labor Law article 14.

With the regulation, the form and content of the employment contract for remote employees and their working conditions are regulated.

I.REGULATION

I.1. The Form and the Content of the Agreement

-Employment agreements related to remote working will be made in writing. The agreement must include the description of the work; the method of conducting the work; the duration and the place of work; matters regarding the salary and the payment of the salary; working tools provided by the employer; equipment and the obligations regarding protection of the equipment; the employer’s communication with the employee; and provisions regarding general and special working conditions.

 I.2.  Determination of Costs Arising from Arrangment of Working Space

With the “Regulation” , it is regulated that the cost arising from the arrangements made in the places where remote work will be performed, will be determined jointly by the remote employee and the employer.

I.3. Procurement of Materials and Work Tools to be Used by the Remote Employee

-Unless otherwise agreed in the contract between the remote employee and the employer, the supply of materials and work tools required for the production of goods and services is provided by the employer.

– The remote employess is informed clearly and understandably about the principles and conditions regarding the use, maintenance and repair of materials and work tools.

-In cases where the work tools are provided by the employer, a list containing the prices on the date of delivery to the remote employee is given in writing and a copy of this document signed by the remote employee is kept in the employee’s personal file. If there is a list of work tools arranged in the employment contract or in addition to the contract, it does not need to be prepared in writing separately.

I.4. Regulations of Production Costs

– The issues regarding the determination and meeting of the necessary expenses due to the goods and services produces by remote work are specified in the employment contract.

I.5. Regulation on Working Time

– The duration of remote work and the time interval to be worked are determined by the employment contract and these periods can be changed provided that they comply with the legislation.

– With the written request of the employer and the acceptance of the remote employee, overtime work can be done in accordance with the legislation.

I.6. Arrangement of Communication Between Remote Employee and Employer

– The communication method to be used in remote work and the time interval allocated for communication are determined between the remote employee and the employer.

I.7. Data Protection

-The employer must determine the definition and scope of the data to be protected in the agreement. The employee is obliged to comply with the operating rules determined by the employer in order to protect the data.

 -The employer must inform the employee about the operating rules and the relevant legislation regarding the protection and sharing of the data related to the workplace and the work and take the necessary measures for the protection of the data.

 I.8. Occupations that cannot Performed Remotely

-Pursuant to Article 13 of the Regulation, “working with hazardous chemicals and radioactive materials, processing these substances or working with the wastes of the said substances, working remotely in jobs that involve work processes that have the risk of exposure to biological factors.”

-It is determined by the public institution and organization that is responsible for the unit, project, facility or service or receives the service, where it is not possible to work remotely in units, projects, facilities or services that are strategically important in terms of national security.

I.9. Transition to Remote Working Order

-In jobs where remote work is legally possible, the employment contract can be turned into a remote work contract if the employer and the employee who will work remotely agree.

-The employee who will request to work remotely must make his request to the employer in writing. The request of the employee is evaluated in accordance with the procedures determined in the workplace. Telework request is evaluated in line with the nature of the job and the employee and the issues determined by the employer.

-It is obligatory to notify the result of the employee’s request to work remotely within 30 days, by the method in which the request is made.

-If the request is accepted, a remote work contract is made in accordance with the 5th article of the Regulation.

-The employee who switches to remote work can request to work at the workplace again by following the procedure in which he requested to work remotely. In case the employee makes this request, the employer considers this request with priority.

-If there are compelling reasons for the workplace to work remotely, the request or approval of the employee is not sought.

I.10.Taking measures regarding occupational health and safety

-The employer is obliged to inform the employee about occupational health and safety measures; to provide the necessary training; to provide health surveillance; and to take the necessary occupational safety measures related to the equipment provided by the employer by taking into consideration the nature of the work done by the employee.

 CONCLUSION

With the COVID-19 pandemic, remote working practices have become quite common in Turkey. This Regulation aims to eliminate some question marks about the principles of remote working.