Remote working entered our lives with the pandemic in 2020. A significant portion of workers worked remotely at home or in their hometown for months. As life normalized, a significant portion of remote workers returned to their workplaces. However, while some employees continue to work remotely, some work both from the workplace and remotely. In some businesses, a hybrid working method is implemented, such as working remotely 4 days a week, 1 day from the workplace, or 2 days from the workplace and 3 days remotely.
FOR YOUR QUESTIONS: [email protected]
REMOTE WORK SHOULD BE CONTRACTUALLY BASED
Remote working entered the legislation in 2016, before the pandemic. Provisions regarding remote working were added to the Labor Law No. 4857 in 2016. With this regulation, remote working was defined as "a business relationship established in writing and based on the principle that the employee performs his/her duty within the scope of the employer's work organization at home or outside the workplace through technological communication tools."
It is mandatory to conclude a contract between the employee who will work remotely and the employer. The employment contract to be made must include provisions regarding the description of the job, the way it is performed, the duration and place of the job, issues regarding wages and payment of wages, the equipment provided by the employer and the obligations regarding their protection, the employer's communication with the employee, and general and special working conditions.
According to the law, workers in remote working cannot be subjected to different treatment than comparable workers solely due to the nature of the employment contract, unless there is a fundamental reason. The employer is obliged to inform the employees about occupational health and safety measures, provide the necessary training, provide health surveillance and take the necessary occupational safety measures regarding the equipment they provide, taking into account the nature of the work performed by the employee employed through a remote working relationship.
THE CONTRACT OF HYBRID EMPLOYEES MUST BE RENEWED
The law stipulates that, taking into account the procedures and principles of remote working and the nature of the work, which jobs cannot be worked remotely, the application of business rules regarding the protection and sharing of data, and other issues will be determined by the regulation issued by the Ministry of Labor and Social Security.
Although remote working entered the law in 2016, the need for regulation arose after the pandemic.
In fact, even if there is no regulation, the obligation to conclude a contract between the employee and the employer for remote working came into force in 2016 with the law. However, the lack of a separate contract with workers doing hybrid work has created some legal problems over time.
With the regulation published in the Official Gazette on Friday, a contract obligation was introduced for hybrid employees. Accordingly, if some of the work is done at the workplace and some of it is done remotely, the days and working hours that the employee will work at the workplace and remotely will need to be determined in the employment contract.
If there is information about the days and hours worked remotely in the employment contract signed between the employee and the employer in businesses where hybrid working is implemented, they will not be required to sign a new contract. An employment contract will be signed for hybrid workers in businesses where there is no information about the days and hours worked remotely in the employment contract.
This contract must also include other provisions required by the law and regulation regarding remote working.
ATTENTION THOSE GOING OUT OF THE CITY!
Remote workers can sometimes go to holiday destinations or their hometowns and work from there without the employer's knowledge. If the employer learns about this situation, it may be the subject of a legal dispute.
In order to avoid such situations, a provision must be included in the contract or written information must be given to the employer or supervisor. It would be appropriate to include a provision in the contract stating, "Remote working can be done in places other than home, provided that the employer is informed."
