Remote Working In Turkey: What Does The Law Say? – Employment and HR – Turkey – Mondaq News Alerts

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Employers in Turkey have specific duties in relation to
employees who work remotely and there are rules governing whether
accidents that occur during remote working are considered
occupational accidents.

Regulations on remote working

Remote working in Turkey is regulated by the Labour Law and
Remote Working Regulation.

Under these regulations, employers must execute a written
agreement with employees who will work remotely partially or
completely. The agreement may be executed by drafting an employment
agreement containing the relevant provisions for new employees, or
an additional protocol for existing employees. The agreement must
cover the elements set out below.

1. The definition of the work, method for performance of the
work, duration and location of the work, provisions on salary and
payment of salary, work equipment and tools provided by the
employer and liabilities regarding protection thereof,
communication with the employee by the employer, and provisions
related to general and special working conditions.

2. The fact that the materials and work equipment required for
the production of goods and services will be provided by the
employer (however, employer and employee may agree otherwise.

3. If the work equipment will be provided by the employer, the
agreement should include a list of the work equipment stating
prices at the date of delivery to the employee (a copy signed by
the employee must be kept in the employee’s personnel
file).

4. The time period for remote working and the relevant time
intervals. Overtime during remote working is allowed in accordance
with working time legislation.

5. The agreement should specify the method for communication in
remote working and the relevant time intervals.

6. If necessary, the agreement should cover arrangements
regarding the location where the remote work will be performed and
whether employee or employer will cover the expenses in relation to
this.

7. Principles on the use, maintenance and repair conditions for
materials and work equipment necessary for the production of
goods/services.

8. Provisions related to determining and covering obligatory
expenses that arise directly from performance of work and expenses
that are related to production of services/goods.

9. The fact that the confidentiality provisions regulated under
the employment agreement will also apply during the remote working
period (and additional confidentiality obligations specific to
remote work, if any).

10. Information on occupational health and safety and
information on other matters that must be considered in remote
working. In relation to occupational health and safety measures
relating to the fact the employee that is working remotely, the
employer must inform the employee, provide the employee with
necessary training, provide health and safety supervision and take
any necessary measures in relation to the equipment provided to the
employee.

Occupational accidents during remote work

Legally, an occupational accident is defined as an event
that:

  • happens during the time the employee is at the workplace;
  • happens as a result of the work being conducted by the employer
    (or by the employee);
  • happens during times when the employee is not conducting
    his/her work because s/he has been sent to another place and cannot
    conduct his or her main work;
  • happens during the employee’s journey to or from the
    workplace with a vehicle provided by the employer;
  • disables the employee physically or mentally, immediately or in
    the future.

Within the scope of this definition, since the employee’s
workplace will be his or her home, or the location where s/he is
working remotely, there is a high possibility that an accident that
occurs during remote working will be considered as an occupational
accident. Even if employer and employee agree that these accidents
will not be considered as occupational accidents or that the
employer will not be liable for accidents that occur during remote
working, any such provision will not be deemed valid in the event
of a potential dispute.

If the accident is not related to the employee’s work or
duties (e.g. if the employee fell at home while cleaning and broke
his or her leg), then the accident will not be deemed an
occupational accident.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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