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
”) 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
2. Remote Work Contract
The contract for remote working must be in writing
and below matters should be prescribed thereunder:
) Description of the work and the way of
) Duration of work and location of workplace,
) Amount and payment of salary,
) Work tools and equipment provided by the
employer and obligations on their protection,
) General and specific working conditions,
) 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
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.
Av. Bertan SIR