Remote work regulation has been published on March 10, 2021 in the official gazette.[1] Regulation is prepared pursuant to Article 14 of the Turkish Labor Law No. 4857[2] and sheds light on procedures and principles for remote work by covering variety of rules regarding employment relations including working hours, data protection and occupational health and safety. Regulation also lists those fields of work which remote work is not possible. Explicitly, working with hazardous chemicals and radioactive substances, processing of the relevant chemicals and substances or working with the wastes of those concerned and working under the risk of exposure to biological agents are inconvenient for remote work.[3]

As per article 3(c) of regulation, remote work refers to the employment relation established in written and based on the fulfillment of the works and services at home or outside the workplace through the technologic means of communication by the employee within the scope of the business organization created by the employer.

Article 5 of the regulation defines the form and content of the remote work contracts. Accordingly, the employment agreements related to remote work shall be concluded in written. Within the framework of the agreement, job description, way of performance, duration and place of work, fee and issues related to the payment of fee, work tools provided by the employer, equipment and liabilities related to the protection of those concerned, communication of the employer with the employee and provisions related to the general and special working conditions should be included.[4] As per article 14 of the regulation, employment relation can directly be established as remote work agreement or in case of the agreement of the employee and employer, the employment agreement of the employee already employed in the workplace can be converted to a remote work agreement. In the case of written remote work request of an employee, this request should be considered by the employer in accordance with the procedure determined in the workplace. When considering the request, the convenience to remote work based on the nature of business and qualification of the employee and other criteria determined by the employer shall be used. Regulation also stipulates that result of the consideration is notified to the employee with the same method used for request within thirty (30) days. [5]

Remote working hours should be specified in the employment agreement. Upon the written request of the employer, overtime might be done with the acceptance of the employee. [6]

With regards to working environment, regulation reads that when deemed necessary, the arrangements related to the remote work environment should be defined before performing the work. The procedure for the payment of expenses arising from the relevant arrangement should be jointly determined by the remote employee and employer. Additionally, as per article 7, unless otherwise agreed within the framework of the employment agreement, the materials and business tools required to produce goods and services by the remote employee should be provided by the employer. The principles of usage of the relevant materials and business tools and maintenance and repair conditions should be clearly and apprehensively notified to the remote employee.

In case the business tools are provided by the employer, the list of business tools indicating the costs of the relevant tools on the date of delivery to the employee should be delivered to the employee by the employer. [7]

In line with article 11 of the regulation, employer should inform the remote employee about the business rules and relevant legislation related to the protection and sharing of data concerning the workplace and work performed and take necessary measures for the protection of the relevant data. In this respect, remote employee is liable to comply with the business rules determined by the employer for the protection of the data.

Regulation further specifies that employer is liable to inform the employee about the occupational health and safety measures; provide the necessary training; ensure the health surveillance and take the necessary occupational safety measures related to the equipment provided.[8]

[1] Remote Work Regulation (OG. 10.03.2021/31419)

[2] Labor Law no 4857 (OG. 10.06.2003/25134)

[3] Remote Work Regulation, Art. 13 (1)

[4] Remote Work Regulation, Art. 5 (2)

[5] Remote Work Regulation, Art. 14 (2)

[6] Remote Work Regulation, Art. 9

[7] Remote Work Regulation, Art. 7

[8] Remote Work Regulation, Art. 12

Official Gazette
10 March 2021, Wendesday                          
Number: 31419

 

REGULATION

From the Ministry of Family, Labor and Social Services:

REMOTE WORK (TELECOMMUTING) REGULATION

FIRST CHAPTER

Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 – (1) The purpose of this Regulation is to determine the works inconvenient for remote work, implementation of business rules related to the protection and sharing of data and procedures and principles for remote work.

Scope

ARTICLE 2 – (1) This Regulation covers remote employees and their employers in accordance with Article 14 of the Labor Law dated May 22, 2003 and numbered 4857.

Basis

ARTICLE 3 – (1) This Regulation is prepared based on Article 14 of the Labor Law No. 4857.

Definitions

ARTICLE 4 – (1) Within the framework of this Regulation,

  1. a) Ministry refers to the Ministry of Family, Labor and Social Services;
  2. b) Remote employee refers to the employee fulfilling all or part of the works and services by working remotely and
  3. c) Remote work refers to the employment relation established in written and based on the fulfillment of the works and services at home or outside the workplace through the technologic means of communication by the employee within the scope of the business organization created by the employer.

SECOND CHAPTER

Procedures and Principles of Remote Work

Form and Content of the Agreement

ARTICLE 5 – (1) The employment agreements related to remote work shall be concluded in written.

(2) Within the framework of the agreement, job description, way of performance, duration and place of work, fee and issues related to the payment of fee, work tools provided by the employer, equipment and liabilities related to the protection of those concerned, communication of the employer with the employee and provisions related to the general and special working conditions shall be included.

Arrangement of the Work Environment

ARTICLE 6 – (1) When deemed necessary, the arrangements related to the remote work environment shall be defined before performing the work. The procedure for the payment of expenses arising from the relevant arrangement shall be jointly determined by the remote employee and employer.

Procurement and Usage of the Materials and Business Tools

ARTICLE 7 – (1) It is essential that unless otherwise agreed within the framework of the employment agreement, the materials and business tools required for the production of goods and services by the remote employee shall be provided by the employer. The principles of usage of the relevant materials and business tools and maintenance and repair conditions shall be clearly and apprehensively notified to the remote employee.

(2) In case the business tools are provided by the employer, the list of business tools indicating the amounts of the relevant tools on the date of delivery to the employee shall be delivered to the employee by the employer. And a signed copy of the document delivered to the employee shall be kept in the personal file of the employee by the employer. In case the list of business tools is prepared within the framework of the employment agreement or as an attachment of the employment agreement on the agreement date, it is not necessary to prepare a separate written document.

Payment of the Production Costs

ARTICLE 8 – (1) The issues related to the determination and payment of the necessary expenses directly associated with the production of goods or services arising from the fulfillment of the work shall be specified in the employment agreement.

Determination of the Working Hours

ARTICLE 9 – (1) The time interval and duration of remote work shall be specified in the employment agreement. On condition of complying with the restrictions stipulated in the legislation, the working hours can be changed by the parties. Upon the written request of the employer, overtime shall be done with the acceptance of the employee in accordance with the legislation provisions.

Communication

ARTICLE 10 – (1) The management and time interval of the communication in remote work shall be determined by the remote employee and employer.

Protection of Data

ARTICLE 11 – (1) The employer shall inform the remote employee about the business rules and relevant legislation related to the protection and sharing of data concerning the workplace and work performed and take necessary measures for the protection of the relevant data.

(2) The employer shall specify the definition and scope of the data required to be protected within the framework of the agreement.

(3) The remote employee is liable to comply with the business rules determined by the employer for the protection of the data.

Occupational Health and Safety Measures

ARTICLE 12 – (1) Considering the nature of business, the employer is liable to inform the employee about the occupational health and safety measures; provide the necessary training; ensure the health surveillance and take the necessary occupational safety measures related to the equipment provided.

Works Inconvenient for Remote Work

ARTICLE 13 – (1) Works which include working with hazardous chemicals and radioactive substances, processing of the relevant chemicals and substances or working with the wastes of those concerned and working under the risk of exposure to biological agents are inconvenient for remote work.

(2) With respect to the works requested by public institutions and organizations as service procurement in accordance with the relevant legislation and unit, projects, facilities or service with strategic importance in terms of national security, those which are inconvenient for remote work shall be determined by the public institution and organization responsible for the unit, project, facility or service or receiving the service.

Transition to Remote Work

ARTICLE 14 – (1) The employment relation can directly be established as remote work agreement or in case of the agreement of the employee and employer, the employment agreement of the employee already employed in the workplace can be converted to a remote work agreement.

(2) The issues related to the remote work request of the employee are stated below:

  1. a) The request shall be made in written.
  2. b) The request shall be considered by the employer in accordance with the procedure determined in the workplace.
  3. c) When considering the request, the convenience to remote work based on the nature of business and qualification of the employee and other criteria determined by the employer shall be used.

(3) It is essential that the result of the consideration is notified to the employee with the same method used for request within thirty (30) days.

(4) In case of the acceptance of the request, an agreement shall be concluded in compliance with the issues specified in Article 5.

(5) The employee, who has started work remote, can request to work again in the workplace with the procedure specified in the second sub-paragraph. The employer shall consider the relevant request with priority.

(6) In case remote work is to be applied in the entire or part of the workplace due to the compelling reasons specified in the legislation, the request or approval of the employee for transition to remote work shall not be required.

THIRD CHAPTER

Final Provisions

Enforcement

ARTICLE 15 – (1) This Regulation shall enter in force on the date of issue.

Execution

ARTICLE 16 – (1) The provisions of this Regulation shall be executed by the Minister of Family, Labor and Social Services.

 

Content Protection by DMCA.com