The rules remote workers need to know have been explained one by one: Who covers the expenses, and how will overtime be calculated?

As the role of technology in business life increases, the remote working model has spread to a wider area. However, working from home or outside the office does not make the employment relationship lawless. The Remote Working Regulation, organized under the Labor Law, sets out the framework that both employees and employers must follow.

According to the assessment of Türkiye Gazetesi columnist İsa Karakaş, employees who carry out all or part of their work outside the office with the employer's approval fall under the scope of these rules. One of the fundamental conditions in this model is that the employment relationship must be clearly regulated by a written contract.

WHAT SHOULD THE CONTRACT INCLUDE?

Remote work is not seen as a practice that can be carried out solely through a verbal agreement. The service contract must be made in writing; topics such as the job description, working method, working duration and location, and when and how the salary will be paid must be included in the contract.

The contract must also clearly state the scope of computers, phones, software, and similar tools to be provided by the employer, as well as communication channels and working hours between the parties. Thus, rights and obligations for the employee and the boundaries regarding the execution of the work for the employer become clear.

WHICH EQUIPMENT SHOULD THE EMPLOYER PROVIDE?

Who will provide the tools and equipment necessary to perform the work is also one of the important topics. Within the framework of the regulation, unless otherwise agreed, it is accepted as the basis that the materials and tools necessary for production and work are provided by the employer. The responsibility for the maintenance and repair of these tools also belongs to the employer.

If the employer provides the employee with a computer, phone, or similar equipment, a list containing the value and delivery information of these tools must be prepared. It is stipulated that one copy of this list be given to the employee, and the other copy be kept in the employee's file.

WHAT WILL HAPPEN TO ELECTRICITY AND INTERNET EXPENSES?

How direct expenses such as electricity, internet, and similar costs that arise during work from home will be covered must also be included in the contract. This topic is important in terms of preventing disputes that may arise later between the employee and the employer.

HOW WILL THE REMOTE WORKER'S OVERTIME BE DETERMINED?

Working from home does not mean that the employee is reachable at every hour of the day. The start and end times of the workday must be determined, and the time intervals during which the employer will communicate must be clarified.

WRITTEN APPROVAL IS REQUIRED FOR OVERTIME

The requirement for a written agreement also comes to the fore regarding overtime work. The employer must convey the overtime request in writing, and the employee must provide written approval for it. For this reason, it is important for remote workers to take into account the contract provisions and the written approval condition for requests outside of working hours.

DAYS MUST BE INCLUDED IN THE CONTRACT FOR HYBRID WORK

The hybrid working model is also of particular importance under the regulation. For those who work in the office on some days of the week and from home on others, which days will be applied as remote work and which days as office work must be shown day by day in the contract.

SECURITY RULES FOR COMPANY DATA

Data security in remote work also falls within the scope of responsibility of the parties. The employer is required to inform the employee about the rules regarding the protection of workplace data, provide the necessary information, and ensure appropriate security measures. The employee is obliged to comply with the data protection rules notified to them.

The protection of company customer information, financial data, projects, or private documents belonging to the institution is evaluated within this scope. Allowing others to use devices allocated for work or behaviors that risk the security of data can be among the violations that may lead to legal consequences.

OCCUPATIONAL HEALTH AND SAFETY OBLIGATIONS CONTINUE

Occupational health and safety obligations do not disappear when the employee moves to work from home. The employer is required to inform the remote worker about occupational health and safety measures according to the nature of the work performed, provide the necessary training, and take precautions regarding the safe use of the provided equipment.

WHICH JOBS CANNOT BE DONE REMOTELY?

It is not possible for every job to be done remotely. Jobs involving work with dangerous chemicals, radioactive materials, or risks of exposure to biological agents cannot be included in the scope of remote work. For units, projects, facilities, or services that have strategic importance in terms of national security, the procedures and principles regarding remote work are determined by the relevant public institutions.

RESPONSE TO REMOTE WORK REQUEST WITHIN 30 DAYS

A person working in the office must submit their request to work remotely to the employer in writing. The employer is obliged to evaluate the request in terms of the nature of the work and the employee, and provide a positive or negative response within 30 days at the latest.

WHAT WILL AN EMPLOYEE WHO WANTS TO RETURN TO THE OFFICE DO?

If the request is accepted, a remote working contract is drawn up, and the transition to the new model is made. Subsequently, the request of an employee who wants to work at the workplace again is evaluated primarily by the employer. In extraordinary situations such as pandemics, disasters, or force majeure, it may be possible for the employer to switch to the remote working practice without obtaining the employee's approval.

News Source: 12punto