19.03.2021

Authors: Serhan Akyıldırım, Ahsen Sadıkoğlu

In accordance with the Remote Working Regulation published in the Official Gazette dated March 10, 2021, the procedures and principles regarding remote working have been determined.

Remote working was previously defined in Article 14 of the Labor Law and it was stated in the relevant article that the procedures and principles regarding remote working would be determined by the regulation issued by the Ministry of Labor and Social Security.

The procedures and principles regarding remote working were determined with the Regulation published in the Official Gazette dated March 10, 2021. Accordingly, the provisions which entered into force as of the date of publication are as follows;

1.   Form and Content of the Contract

§  Employment contracts regarding remote working are concluded in writing.

§  The contract includes provisions regarding the definition of the work, the way it is done, the duration and place of the work, the issues regarding the wage and the payment of it, the work tools provided by the employer, the equipment and obligations regarding their protection, the employer's communication with the employee and the general and special working conditions. 

2.   Arrangement of the Workplace

§  If necessary, arrangements regarding the place where remote work will be done are completed before the work is started. The method of covering the costs arising from these arrangements is determined jointly by the remote employee and the employer. 

3.   Procurement and Use of Materials and Work Tools

§  It is essential that the materials and work tools required for the production of goods and services for the remote employee are provided by the employer, unless otherwise agreed in the employment contract. The principles of use of these materials and work tools, as well as the maintenance and repair conditions, are notified to the remote employee in a clear and understandable manner.

§  In case the work tools are provided by the employer, the list of work tools indicating the prices on the date they are delivered to the employee is given to the employee in writing by the employer. A copy of the document delivered to the employee, signed by the employee, is kept in the employee's personnel file by the employer. If the list of work tools is drawn up within the employment contract or in addition to the employment contract on the date of the contract, there is no requirement to issue a separate written document. 

4.   Covering Production Costs

§  The matters related to the determination and covering of the compulsory expenses arising from the performance of the work and directly related to the production of goods or services are specified in the employment contract. 

5.   Determination of Working Time

§  The time interval and duration of remote work are specified in the employment contract. Working hours can be changed by the parties, provided that the limitations stipulated in the legislation are adhered to. Overtime work is done upon the written request of the employer, with the acceptance of the employee, in accordance with the provisions of the legislation. 

6.   Communication Method

§  The method and time interval of the communication are determined by the remote employee and the employer. 

7.   Data Protection

§  The employer informs the remote employee about the business rules and relevant legislation regarding the protection and sharing of data about the workplace and the work he/she does, and takes the necessary measures to protect this data.

§  The employer determines the definition and scope of the data to be protected in the contract.

§  In order to protect data, it is obligatory for the remote employee to comply with the business rules determined by the employer.

8.   Taking Measures Regarding Occupational Health and Safety

§  The employer is obliged to inform the employee about the occupational health and safety measures, to provide the necessary training, to provide health surveillance and to take the necessary occupational safety measures regarding the equipment provided to the remote employee, taking into account the nature of the work performed by the remote employee. 

9.   Works in Which Remote Work Cannot Be Done

§  Remote work cannot be done in works that involve working with hazardous chemicals and radioactive materials, processing these materials or working with the wastes of these materials and working with 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 in which remote work cannot be done in the units, projects, facilities or services that are of strategic importance in terms of national security and that are performed by public institutions and organizations through service procurement in accordance with the relevant legislation.

How Will the Transition to Remote Working Process Happen?

§  The employment relationship may be established directly with a remote working contract, or the employment contract of the employee currently working at the workplace may be converted into a remote working contract if the employee and the employer agree.

§  The issues regarding the employee's request for remote working are as follows:

(a)Request must be made in writing.

(b)The request is evaluated by the employer in accordance with the procedure determined at the workplace.

(c) While evaluating the request, the suitability of the work and the employee to work remotely due to the nature of the work and other criteria to be determined by the employer are used.

§  It is essential that the result of the evaluation regarding the request is notified to the employee within 30 (thirty) days in the same manner as the request was made.

§  If the request is accepted, the contract is made in written form in accordance with the issues that should be included in the contract content specified in Article 5 of the Regulation.

§  The employee who has switched to remote working can request to work at the workplace again, with the same method applied in the transition to remote working. The employer evaluates the request as a priority.

§  In the event that remote working will be implemented in the whole or part of the workplace due to compelling reasons specified in the legislation, the request or approval of the employee is not sought for the transition to remote working.

CONCLUSION

In accordance with the provisions of the Regulation, the following should be paid attention:

1.   In the case of remote working, the written consent of the worker must be obtained. For this purpose, it is beneficial to include a provision containing the consent of the employee in the employment contract.

2.   In the 5th Article of the Regulation, it is stated that the definition of the job, the way it is done, the duration and place of the work, the payment of wages and wages, the work tools provided by the employer, the equipment and the obligations regarding their protection, the employer's communication with the worker and the general and special working conditions must be included in the contract regarding remote working. In this context, it would be beneficial to sign a protocol on the procedures and principles of remote working as an annex to the employment contract, in addition to obtaining the employee's written consent to remote working.