Remote Working Regulation: Worker and Employer Obligations

Remote Working Regulation (March 10, 2021) details the framework of remote working within the scope of Labor Law art.14. This way of working, which has become permanent after the pandemic, is legally new.

Contractual Obligation

• The remote working agreement must be in writing.
• Working location, duration, equipment and communication tools should be included in the contract.
• Mutual agreement is required when converting an existing employment contract to remote work.

Equipment and Cost

• Computer, telephone and internet connection are generally provided by the employer.
• Compulsory expenses arising from remote working are covered by the employer.
• Contribution for home office space can be arranged in the contract.

Working Time and Overtime

• The worker's working hours are determined in the contract.
• The "right not to be reached" outside of working hours applies.
• Overtime pay is equally valid (Labour Law article 41).

Occupational Health and Safety

Within the framework of Law No. 6331, the employer is also responsible for the safety of the employee working remotely:

• Information about the working environment.
• Required training.
• Risk assessment.
• Work accident notification.

Data Protection

• The employer should provide KVKK and company data policy training to the employee.
• Rules for the use of company devices should be determined.
• BYOD policy if employee uses their own device.
• Meeting recordings and file sharing rules.

Supreme Court 9th HD — Established Approach

9. HD stated that the basic rights of the Labor Law are equally valid in remote working, and that the rights to overtime, annual leave, wages, severance pay and notice pay are protected; It adopts the application of the principle of interpretation in favor of the worker in uncertainties arising from remote working.

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