Remote and other flexible working arrangements have become increasingly important after the Covid-19 pandemic. Despite the inclusion of remote working and other flexible working practices in the Turkish Labour Law in 2016 and the Regulation on Remote Working issued in 2021, the legal framework in this area remains limited.
Remote working refers to a working arrangement where employees perform their duties outside the workplace by using communication technologies. A remote working relationship can be established directly through a teleworking contract or by converting an existing employment contract into a teleworking arrangement by mutual agreement between the employer and the employee. These agreements must be drawn up in writing, either as a new agreement or as an additional protocol to an existing agreement.
Remote working agreements must include the following elements:
- Job description,
- How the work will be carried out,
- Working time and place,
- Fees and matters regarding the payment of fees,
- The equipment provided by the employer and the obligations regarding its protection,
- Employer's communication with the employee and explanations on general and special working conditions.
It is also important to evaluate the implications of teleworking in different areas of labour law. In this respect, the consequences of teleworking in terms of occupational health and safety, data protection and equipment provision and cost management are briefly evaluated below.
Occupational Health and Safety:
Employers should provide occupational health and safety training appropriate to remote working, inform workers about risks and supervise equipment safety. Training on the prevention of domestic accidents and ergonomic health is recommended. Obligations should be assessed on a case-by-case basis.
Data Protection:
Although the Remote Working Regulation does not provide detailed guidance on data protection obligations, the guidelines issued by the Turkish Personal Data Protection Authority should be taken into account.
In this context, employers should:
- Define data protection rules in contracts.
- Ensure that only the equipment provided by the employer is used.
- Implement cyber security measures and monitor data security.
In this context, it is especially recommended to comply with the Personal Data Security Guide and employees are required to declare in writing that they accept these obligations.
Working Equipment and Expenses:
Unless otherwise agreed in the teleworking contract, it is essential that the employer provides the equipment such as computers required for the performance of the work.
However, the Regulation does not require employers to finance home office set-ups (such as providing office furniture or covering energy bills). However, in all cases, the items of expenses to be covered by the employee and the employer and the issues regarding reimbursement should be clearly stated in the contract.