337 LABOR LAW equipment and work tools should be clearly and cognizably notified to the employee. If the work tools are provided by the employer, a list setting forth the costs of these tools on the date of delivery is conveyed to the employee. However, it is also possible to include such equipment and work tools in the remote working agreement, or to arrange such list as an annex to the agreement. Arrangement of this list will benefit the employer in terms of proof in cases, such as the loss or damage of a computer or similar work tools delivered to the employee. On the other hand, parties may also agree under the agreement that the equipment and work tools will be provided by the employee. Moreover, as per Article 8 of the Regulation, matters with regard to determination and payment of compulsory expenses directly related to the production of goods or services arising from the performance of the work must be specified in the employment agreement. However, it would be appropriate to regard the existing application of the workplace and Article 414 of the Turkish Code of Obligations No. 6098 (“TCO”) during the evaluation process concerning the determination and payment of the compulsory expenses. Pursuant to Article 414 of the TCO, the employer is obliged to pay all expenses required for the performance of the job, as well as the expenses necessary for living if the worker is employed outside of the workplace. Any agreement stipulating that necessary expenses will be paid by the employee will be invalid. We are of the opinion that expenses, which are considered to be compulsory for remote working and how these should be covered, will be clarified in future judicial decisions. Determination of Working Period The working hours may be changed by the parties, provided that the limitations stipulated in the legislation are adhered to. The time interval and duration of remote working are specified in the employment agreement, accordingly. The provisions of the Labor Law shall be applied with regard to overtime work. It would be beneficial to clearly determine the working and rest periods in the agreement in order to avoid any problems in possible disputes related to overtime work.
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