• NSN Law Bulletin

New Regulation on Remote Work

The new Regulation on Remote Work, (“Regulation”) has come into force as of 10.03.2021 and has been published in the Official Gazette No. 31419 on the same day. The Regulation aims to determine the works where remote work cannot be performed, the implementation of business rules regarding data protection and sharing, and the procedures and principles of remote work. The regulation covers remote employees and their employers in accordance with Article 14 of the Labor Law No. 4857. (“Labor Law”) The Regulation has been prepared by considering the Article 14 of the Labor Law.

According to the Regulation, employment contracts for remote work will be made in writing. Additionally, written employment contracts for remote work must contain the provisions determined in the Article 5/2 of the Regulation.

If necessary, the arrangements regarding the location where the remote work will be performed will be completed before the work starts. The method of covering the costs arising from these arrangements will be determined jointly by the remote employee and the employer.

It is essential that the materials and work tools required for the production of goods and services of the remote employee are provided by the employer unless otherwise agreed in the employment contract. However, in accordance with the Regulation, the issues regarding the determination and compensation of the necessary expenses directly related to the production of goods or services arising from the performance of the work will be specified in the employment contract.

The time period and duration of the work will be specified in the employment contract and working hours may be changed by the parties, provided that the limitations stipulated in the provisions of the legislation are respected. Overtime work can be made by the employee, provided that it is accepted by the employee upon written request of the employer and related provisions of the legislation are respected.

In line with the Regulation, the communication method and time interval to be used during the working period will be determined by the remote employee and the employer.

In Article 11 of the Regulation, the issue of data protection has been regulated. Accordingly, the employer will; inform the remote employee about the business rules and the relevant legislation regarding the protection and sharing of data related to the workplace and the work done, and will take the necessary measures to protect this data. According to the article, the employer will determine the meaning and scope of the data to be protected in the contract, and the remote employee will be obliged to comply with the operating rules determined by the employer in order to protect the data.

At the point of taking measures related to occupational health and safety, the employer shall be 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 regarding the equipment provided, taking into account the nature of the work performed by the remote employee.

In the Regulation, jobs that cannot be performed remotely are specifically determined. Accordingly, it is not allowed to work remotely in jobs that involve working with hazardous chemicals and radioactive substances, processing these substances or working with the wastes of these substances, working processes that have a risk of exposure to biological factors. In addition to this, in the works performed by the public institutions and organizations by purchasing services according to the relevant legislation and in the units, projects, facilities and services having the strategic importance for national security, the areas where remote work will not be permitted will be determined by the relevant public institutions and organizations responsible for the service or receiving the service.

In accordance with the Article 14 of the Regulation, which is regulating the transition to remote work, employment relationship can be established directly with a remote work contract or employment contract of the employee currently working at the workplace can be converted into a remote work contract, if the employee and employer mutually agree. In addition, the employee can request remote work in accordance with the Article 14/2 of the Regulation. However, if remote work is to be applied in the whole or part of the workplace due to force majeure specified in the legislation, the request or approval of the employee will not be sought for the transition to remote work.

You can access the Regulation from the link below.

Author: Bilge Derinbay, Aysu Eren