The Regulation specifies the works that cannot be performed remotely, the implementation of business rules regarding data protection and sharing, and the procedures and principles of remote work, and covers the employees who work remotely in accordance with Article 14 of Labour Law No. 4857 and their employers.

As per Article 4 of the Regulation, "remote worker" is defined as an employee who performs all or part of his/her work by working remotely. “Remote work” is defined as the employment relationship established in writing and based on the principle of the employee conducting the work at his/her home or at a place outside of the employer’s workplace through technological communication tools and within the scope of the work organization created by the employer.

The employment relationship can be established directly through execution of a remote work agreement or the employment agreement of an existing employee working at the workplace can be amended into a remote work agreement if the employee and the employer agree in writing.

Switching to remote work

If an employee requests to work remotely: (i) the request must be made in writing, (ii) the employer must evaluate the request in line with the procedure determined at the workplace, and (iii) the employer must consider the suitability based on the qualifications of the job and the employee, and other criteria to be determined by the employer, while evaluating the request

The employer must notify the result of its evaluation to the employee within 30 days, by following the same procedure of the request. If the request is accepted, an agreement must be signed in accordance with the provisions of the Regulation by the parties.

The employee who has switched to remote work can request to work at the workplace again, by following the above-mentioned procedure.

If remote work is applied in the whole or part of the workplace due to compelling reasons specified in the legislation, the employee's request or approval is not required for switching to remote work.

Form and content of the remote work agreement

Remote work requires execution of a written employment agreement including the following provisions: (i) definition of the work, (ii) the way of conducting the work, (iii) working time and place of work, (iv) wage and matters regarding the payment of the wage, (v) the work equipment provided by the employer and obligations regarding protection of those equipment, (vi) employer’s communication with the employee, and (vii) provisions regarding the special and general terms of the working conditions.

Arrangement of the work place

If necessary, arrangements regarding the place of remote work must be completed before the remote work starts. The employee and the employer mutually determine the method of covering the costs arising from those arrangements.

Providing materials and work equipment, and covering costs

Unless otherwise agreed in the employment agreement, in principle, the employer is obliged to provide the materials and work equipment required for the production of goods and performance of services. The utilization principles and maintenance and repair conditions of those materials and work equipment must be notified to the employee.

If an employer provides the work materials and equipment, the employer must deliver a list of those materials and equipment to the employee in writing, by indicating their values on the date of delivery and must keep a copy of the signed list in the employee's file. If the list of the work materials and equipment is included within the employment agreement or is prepared as an annex to the employment agreement on the date of the agreement, there will be no requirement to prepare a separate list. 

The employment agreement must also specify the matters related to determining and covering the necessary expenses that are directly related to the production of goods or performance of services.

Determination of working time and communication

The working times and duration of remote work must be specified in the employment agreement. The parties may change the working hours, provided that the limitations stipulated in the legislation are complied with. 

Upon the employer’s written request, the employees working remotely can conduct overtime work in accordance with the provisions of the legislation.

The employee and the employer must determine the method and time interval of communication in remote work through the employment agreement.

Data protection

The employer must inform the employee on the company rules and relevant legislation regarding the protection and sharing of data in relation to the workplace and the work, and take the necessary measures to protect such data. The employment agreement must include the definition and scope of the data that is required to be protected. The employee is obliged to comply with the company rules that are determined by the employer for the protection of the data.

Measures regarding occupational health and safety

By considering the nature of the work conducted by the employee, the employer is obliged to (i) inform employees on the measures regarding occupational health and safety, (ii) provide the necessary health and safety trainings to employees, (iii) provide employees’ health surveillance, and (iv) take the necessary occupational safety measures in relation to the equipment provided to the employee.

Works that cannot be conducted remotely

Pursuant to Article 13 of the Regulation, it is not allowed to work remotely in the jobs that involve working with hazardous chemicals and radioactive substances, processing those substances or working with the wastes of those substances, or working processes that have the risk of exposure to biological factors.

Conclusion

Working remotely has become more widespread across business sectors during the COVID-19 pandemic. The lack of a precise regulation on remote work gave rise to uncertainties over this way conducting business. Considering the ambiguous nature of the above-explained provisions of the Regulation, the uncertainties have yet to be clarified further. We expect these uncertainties to be resolved through future court decisions on the matter. 

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