Remote work, also known as "uzaktan çalışma" in Turkish, has become increasingly popular in recent years. To ensure a smooth transition for both employers and employees, Turkey implemented the Remote Working Regulation (No. 31519) in March 2021, which sits alongside the Labour Law No. 4857.

Legal Regulations

The Remote Working Regulation outlines the legal framework for remote work arrangements in Turkey. A written agreement between the employer and employee is mandatory for any remote work arrangement. This agreement should specify details such as job description, duration and location of remote work, working hours, salary and payment terms, equipment provided by the employer, communication methods, and expenses incurred due to remote work.

Employee Rights and Protections

The Regulation prohibits discrimination against remote workers based on their employment type. They are entitled to the same rights and benefits as their office-based counterparts, including social security contributions and paid leave.

Employer Responsibilities

Employers have several responsibilities under the Regulation, including providing information and training on occupational health and safety for remote workers, covering necessary expenses directly related to performing the work remotely, and responding to employee requests for remote work arrangements within 30 days. Certain roles cannot be performed remotely, such as those involving hazardous materials or requiring physical presence on-site.

Technological Infrastructure Requirements

A robust technological infrastructure is essential for successful remote work. Employers may provide necessary equipment or establish a reimbursement policy for employee-owned equipment used for work purposes. Secure and reliable communication tools like video conferencing platforms and project management software are crucial for collaboration and communication. A stable and high-speed internet connection is vital for remote workers to perform their duties effectively.

Employer Responsibilities

Beyond the legal requirements, employers have additional responsibilities to ensure a positive remote work experience for their employees. They should establish clear communication channels and set expectations for remote work schedules and availability. Employers should also develop performance evaluation metrics suitable for remote work environments and conduct regular performance reviews. Promoting healthy work-life boundaries by respecting designated work hours and encouraging breaks is also important. Lastly, employers should provide resources and support for remote workers' mental and physical well-being.

Flexible work arrangements are increasingly becoming a norm in the Turkish labor market, catering to diverse work styles and needs. These arrangements include part-time work, flexitime, and job sharing, each with its own set of legal aspects.

Part-Time Work

Part-time employment is a flexible work arrangement where individuals work fewer hours per week than a standard full-time position. It is regulated by Turkish Labour Law No. 4857, which outlines the minimum working hours and other conditions. Part-time work can range from one day to 30 hours per week. Part-time employees are entitled to benefits and social security contributions on a pro-rated basis according to their working hours.

Flexitime

Flexitime is another flexible work arrangement that offers employees some flexibility in scheduling their work hours within a set timeframe. There are no explicit regulations on flexitime in Turkish Labour Law. However, employers and employees can establish a flexitime agreement through their employment contract, outlining core working hours and flexible working periods. The agreement should define a mandatory core period when all employees are expected to be present at the workplace.

Job Sharing

Job sharing is a flexible work arrangement that allows two or more employees to share the responsibilities of a single full-time position. Like flexitime, job sharing is not explicitly regulated by law. However, employers and employees can agree on job sharing arrangements through their employment contracts. Job sharing agreements should clearly define responsibilities, working hours, and compensation for each employee involved.

The rise of remote work arrangements necessitates heightened awareness of data protection and privacy for both employers and employees in Turkey. The Turkish Personal Data Protection Law (Law No. 6698) governs data protection and privacy rights in the country. Employers with remote workers have specific obligations under this law, including having a lawful basis for data processing, providing transparency and information, implementing data security measures, and notifying in case of a data breach.

Employer Obligations

Employers must have a legal basis for collecting, storing, and processing employee data, even while working remotely. This could be consent from the employee, a contractual necessity, or a legal requirement (Law No. 6698, articles 8 & 9). Employees have the right to be informed about how their personal data is being processed. Employers should provide a clear privacy policy outlining data collection purposes, storage practices, and employee rights (Law No. 6698, article 11). Employers are responsible for implementing appropriate technical and organizational measures to ensure the security of employee data. This includes measures against unauthorized access, loss, or damage (Law No. 6698, article 12). In case of a data breach, employers must notify the Turkish Data Protection Authority and the affected employee(s) within a reasonable timeframe (Law No. 6698, article 13).

Employee Rights

Remote employees in Turkey have specific rights regarding their personal data. Employees have the right to access their personal data held by the employer and request corrections if necessary (Law No. 6698, article 11). Under certain conditions, employees can request the deletion of their personal data once it is no longer required for the employment purpose (Law No. 6698, article 17). Employees have the right to object to the processing of their personal data for direct marketing purposes (Law No. 6698, article 28).

Best Practices for Securing Data

Employers and employees can collaborate to ensure data security in remote work settings. Whenever possible, employers should provide dedicated work devices (laptops, tablets) with secure operating systems and firewalls for remote work. Establish secure communication channels for work-related purposes, such as encrypted email or collaboration platforms. Collect and store only the minimum amount of employee data necessary for work purposes. Provide regular training sessions for employees on data security best practices, including password management and phishing awareness. Establish clear policies outlining acceptable uses of company data, personal devices for work purposes, and data transfer procedures.