MILESTONE OF REMOTE WORK
Remote work is defined as fulfillment of employee's job at home or outside the workplace with technological communication tools within the scope of the work organization established by employer in accordance with Article 14 of the Labor Law No 4857. Transition to remote working in many sectors and occupational groups, due to effect of the Covid-19 epidemic, has accelerated necessity to regulate remote working in detail. Accordingly, Remote Working Regulation (“Regulation”), the secondary regulation, which determines the details of such working system, has been published in the Official Gazette on March 10, 2021 and entered into force on publication date.
The procedures and principles of remote working set forth in the mentioned Regulation are summarized hereunder to guide all employees, especially employers.
1- The form and content of contract
Employment contract related to remote working shall be made in writing. The contract, at least, must include the following content; description of work; method of conducting work; duration and place of work; salary and payment details, working tools provided by the employer; equipment and the obligations regarding protection of the equipment; the employer’s communication with employee; and provisions regarding general and special working conditions.
2- Arrangement of working environment
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If necessary, arrangements regarding the location of remote working will be completed before the work starts. The method of covering the costs arising from such arrangements will be determined jointly by the employee and the employer.
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The issues related to determining and covering the required expenses directly related to the production of goods or services arising from the performance of the work must be specified in the employment contract.
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The employer must provide the materials and working tools required for production of goods and services, unless otherwise agreed in the employment contract. The principles of use and maintenance and repair conditions of these materials and working tools will be communicated explicitly with employee.
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In case working tools are provided by the employer, the employer must deliver the working tools list indicating the costs on the date of delivery in writing to the employee. A signed copy of such list submitted to the employee will be kept by the employer in the employee’s personal file. If the list of working tools is enclosed to employment contract agreement or agreed under employment contract agreement, no further form requirement is needed.
3- Determination of working periods and communication of employee with employer.
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The time interval and duration of remote working shall be specified in the employment contract
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Within the framework of the limitations stipulated in the legislation, the parties may change the working hours and overtime work upon the written request of the employer in accordance with the employee’s consent and legislative provisions.
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Communication management and the time interval between the employee and the employer will be determined by the employee and the employer.
4- Measures regarding occupational health and safety
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The employer is obliged to inform the employee about occupational health and safety measures; to provide the necessary training; 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.
5- Data protection
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The employer must inform the employee about the operating rules and the relevant legislation regarding protection and transfer of personal data related to the workplace and the work. The employer must take the necessary measures for protection of personal data.
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The employer must determine definition and scope of data to be protected in the contract
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The employee is obliged to comply with the operating rules determined by the employer.
6- Works that cannot be performed remotely
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Works which involve hazardous chemicals and radioactive materials; processing these materials or working with the wastes of such materials; or works carrying the risk of exposure to biological factors cannot be performed remotely.
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The works which carried out by public institutions and organizations through service procurement in accordance with the relevant legislation and for the units, projects, facilities, or services that have strategic importance in terms of national security, the public institution and organization responsible for the unit, project, facility, or service, or the public institutions and organizations receiving the service on such units, projects, facilities, or services will determine which works are not suitable for remote working.
Remote Working become more crucial for workplaces in the light of Covid-19 environment and may open new era at work life though Covid-19 expires in all aspects. Hence, the new Regulations regulating remote work have clarified significant uncertainties in practice. In this regard, our recommendation to employers who have already fully or partially applies remote working should fulfil the necessary complementary work in their employment contracts and its appendixes in line with provisions of the Regulation.