The Regulation of Remote Working has been published.

3/10/2021
The Regulation of Remote Working has been published to determine the principles of the remote working model.
MEMORANDUM ON PROCEDURE AND PRINCIPLE OF REMOTE WORKING
Through the Regulation of Remote Working (“Regulation”) published in the Official Gazette dated March 10, 2021 and numbered 31419, principles regarding the remote working have been determined.

1. Procedure for Transition to Remote Working
According to the Regulation, a remote working contract can be executed directly or an existing employment contract can be turned into a remote working contract upon the agreement of the parties.

If employee requests to work remotely in writing, such request is evaluated by the employer in terms of the nature of the business and employee, and other criteria to be determined by the employer. Employer shall notify employee of its decision within 30 days. Besides, if remote working is applied due to compelling reasons (e.g. COVID-19), the employee’s request or approval isn’t required for remote working.

2. Remote Work Contract
The contract for remote working must be in writing and below matters should be prescribed thereunder:
(i) Description of the work and the way of performance,
(ii) Duration of work and location of workplace,
(iii) Amount and payment of salary,
(iv) Work tools and equipment provided by the employer and obligations on their protection,
(v) General and specific working conditions,
(vi) Communication method to be used during remote working, (vii) Reimbursement of the costs arising from the arrangements related to the workplace where remote working will be performed.

3. Materials and Equipment Required for the Work
Unless otherwise agreed under the contract, materials and equipment required for the performance of work by the employee shall be provided by the employer.

If the equipment would be provided by the employer, the work tools list indicating the costs of the same on the date of delivery shall be submitted in writing to the employee. A copy of this document signed by the employee shall be kept in the employee's personal file. If the work tool list is set forth under the contract or annexed to the contract on the date of signature, employer is not obliged to prepare such written document.

4. Overtime Work in Remote Working
As per the Regulation, overtime work would be done with the acceptance of the employee upon a written request of the employer, in accordance with the applicable legislation. Pursuant to the Labor Law No. 4857, overtime salary is paid by increasing the normal hourly rates by %50 (fifty per cent).

5. Occupational Health and Safety
The employer is also obliged to inform the employee on occupational health and safety measures, to provide necessary training and health surveillance and to take the necessary occupational safety measures related to the provided equipment.

Please do not hesitate to contact us should you have any questions regarding above matters.
Best Regards,

Av. Bertan SIR
bsir@dundarsir.com