“Remote Work Regulation” published in the Official Gazette dated 10.03.2021 and numbered 31419; It is a regulation that has been issued to determine the procedures and principles of remote work, the implementation of business rules for protecting and sharing data while continuing remote work, and the work that cannot be done remotely.
In the regulation; It has been regulated that employment contracts for remote work will be made in writing and that these employment contracts should include elements such as the description of the job, the way it is performed, the duration and location of the work, the wage and the payment of the wage, the equipment provided by the employer for the job to be performed, and the employer communicates with the worker.
The materials and work tools required for the remote worker to work must be provided by the employer unless otherwise agreed in the employment contract. In addition, the employer must inform the remote employee clearly and understandably about the use, maintenance, and repair of these vehicles. If the work tools are provided by the employer, the employer must submit a list of work tools indicating their cost on the date of delivery to the worker. A copy of the document submitted to the employee, signed by the worker, must be kept in the employee’s personal file. If the list of work tools is arranged in addition to the employment contract or within the employment contract, there is no requirement to prepare a written document.
In addition, the time interval and duration of the remote work must be specified in the employment contract. It is possible to make changes in working hours by the parties, adhering to the limitations stipulated in the legislation. Overtime can only be done at the request of the employer with the acceptance of the employee in accordance with the legislation.
Regarding the protection of data, the employer; is required to inform the remote employee about the business rules and legislation regarding the protection and sharing of data regarding the workplace and the work which is done, and to take the necessary measures in this context. In order to protect data, remote workers are obliged to comply with the rules set by the employer. In addition, the definition and scope of the data to be protected must be determined in the contract by the employer.
The employer is obliged to inform the employees about occupational health and safety precautions, to provide the necessary training, to provide health surveillance, and to take the necessary occupational safety measures regarding the equipment they provide, taking into account the nature of the work done by the remote employee.
The regulation also regulates jobs that cannot be worked remotely. In this context, working with hazardous chemical and radioactive materials, processing these materials, or working with the wastes of these substances, working remotely in jobs that have a risk of exposure to biological factors are not allowed. Apart from these, the works carried out by the public institutions and organizations by purchasing services according to the legislation they are related to and which of the projects having strategic importance in terms of national security cannot be worked remotely are determined by the public institutions and organizations responsible for the projects or receiving the service.
In case of switching to remote work after the business relationship is established, the employment contract of the employee who is currently working at the workplace can be converted into a remote work contract if the employer and the employee agree. In addition, according to the regulation, it is possible for the worker to request to work remotely. This request is made in writing and is evaluated by the employer in line with the procedure determined in the workplace. In this evaluation, eligibility to work remotely and other criteria determined by the employer are applied due to the nature of the worker and the job. The result of this assessment must be notified to the worker within 30 days, in the same manner as the request was made. If the request is accepted, a contract is made in accordance with the procedure mentioned above. The worker who switches to remote work can request to work at the workplace again. The employer considers this request as a priority. In the event that remote work will be applied in the whole or part of the workplace due to compelling reasons specified in the legislation, the request or approval of the worker is not required for the transition to remote work.