NEWSLETTER-2021

What Does Remote Working Regulation Regulate?* Sevgi Ünsal Özden Introduction The concept of remote working was included in the scope of Turkish Labor Law No. 4857 (“Labor Law”) through the amendment1 of Article 14 of the Labor Law in 2016. However, no secondary legislation that regulates the details of remote working was published following the amendment. Transition to remote working in many different sectors and occupational groups, due to the effect of the Covid-19 epidemic, has accelerated the detailed legal regulations with regard to this subject matter. Within this context, the Remote Working Regulation2 (“Regulation”) was entered into force on the date of 10.03.2021. In this Newsletter, the provisions of this Regulation, which determine the procedures and principles of remote working relationships, and the obligations of the employer and employee are discussed. Transition to Remote Working The remote working relationship may be established directly through signing of an agreement, or the existing employment agreement may be converted into a remote working agreement upon the consensus of the parties. The employee may only request in writing to work remotely. The employer evaluates the request (i) in line with the procedure specified in the workplace, and (ii) considering the suitability for working * Article of April, 2021 1 Law No. 6715 Amending the Labor Law and the Turkish Employment Agency Law, OG No. 29717, 20.05.2016, https://www.resmigazete.gov.tr/eskiler/2016/05/20160520-24.htm, (Access date: 24.04.2021). 2 Remote Working Regulation, OG No. 31419, 10.03.2021. https://www.resmigazete.gov.tr/eskiler/2021/03/20210310-2.htm, (Access date: 24.04.2021).

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