REMOTE WORKING REGULATION IS IN FORCE
As you are aware, the majority of the Companies had to switch to remote working system in order to protect the health of their employees following the emergence of the Covid-19 pandemic. In light of this matter, as of 10 March 2021 the “Remote Working Regulation” (in Turkish, “Uzaktan Çalışma Yönetmeliği”) prepared by the Ministry of Family, Labor and Social Services entered into force after being published in the Official Gazette numbered 31419.
Following the emergence of Covid-19 pandemic, remote working practices have been implemented by many workplaces. This Regulation brings certain adjustments and basis for employers and employees for their working arrangements in situations of working remotely.
In addition to the determination of the procedures and principles of remote working, the works that cannot be performed remotely were also determined within the scope of the regulation.
The Remote Working Regulation provides as follows:
1. Employment contracts for remote work must be made in writing.
The employment contract must include details such as:
- Description of the job,
- The method of performing the work,
- Determination of the duration and location of the work,
- Matters regarding the salary and the payment of salary should be determined,
- Working tools provided by the employer should be determined,
- Provisions for equipment and their protection should be determined.
2. Provisions regarding the communication of the employer with the employee, as well as the general and special working conditions should be included.
3. If necessary, arrangements regarding the location of remote working should be completed before the work starts.
The method of meeting the costs arising from these regulations should be determined jointly by the employee and the employer.
It is essential that the materials and working tools required for the production of goods and services of the employee are provided by the employer, unless otherwise agreed in the employment contract. The principles of the usage, maintenance and repair conditions of these materials and working equipment shall clearly and understandably be explained to the employee
4. If the working equipments are provided by the employer, a list of working equipment indicating their cost must be submitted in writing to the employee on the date of delivery by the employer. A copy of the said document submitted to the employee and signed by the employee, shall be kept by the employer in the employee’s personal file. If the list of work equipment is arranged in addition to the employment contract within the employment contract or on the date of the contract, it will not be necessary to issue a separate written document.
5. The issues regarding the determination and payment of the necessary expenses directly related to the production of goods or services arising from the performance of the work shall be specified in the employment contract.
6. The time interval and duration of remote working shall be specified in the employment contract. Working hours may be changed by the parties, provided that the limitations stipulated in the legislation are adhered to. Overtime work shall be performed upon the written request of the employer, upon the acceptance of the employee, in accordance with the provisions of the Regulation.
The employer shall inform the employee about the business rules and the relevant legislation regarding the protection and sharing of data related to the workplace and the work performed and will take the necessary measures for the protection of this data. The employer shall determine in the contract, the definition and scope of the data to be protected. In order to protect the data, the employee is obliged to comply with the operating rules determined by the employer.
7. The employer is obliged to inform the employee about occupational health and safety measures, to provide the necessary training and health surveillance, to take the necessary occupational safety measures regarding the equipment provided.
8. Remote working shall not be done for the works that involve working with hazardous chemicals and radioactive substances, processing these substances or working with the wastes of these substances, and work processes containing a risk of exposure to biological factors.
9. The employment relationship can be established directly with a remote employment contract or, the employment contract of the employee currently working at the workplace can be converted into a remote employment contract upon the agreement of the employee and employer.
As per the Regulation, the issues related to the employee’s request to work remotely are as follows;
- The request must be made in writing.
- The request shall be evaluated by the employer in accordance with the procedure determined in the workplace.
- While evaluating the request, the employer shall consider if the request is suitable to work remotely due to the nature of the work as well as the employee, and other criteria determined by the employer.
- It is essential that the evaluation result of the request is notified to the employee within thirty days, by the same method in which the request has been made.
- The employee who switches to remote working may request again to work at the workplace. The employer shall consider the request in question with priority.
- In the event that the remote working procedure is applied in the whole or in a part of the workplace due to compelling reasons specified in the Regulation, the request or approval of the employee is not required for the transition to remote working.
Our Law Firm remains at your disposal for any further clarifications or assistance you may need about the subject matter.