338 NEWSLETTER 2021 Communication and Data Protection Communication method and the time interval for the same is to be determined by and between the employee and the employer. Within this context, a suitable communication method may be designated for the parties, and the rules and instructions regarding this communication may also be included within the scope of the agreement. Additionally, the employer is obliged to inform the remote worker of the company rules and the relevant legislation on data protection and transfer as to the workplace and the performed job, and should take the necessary measures in order to protect such data. This obligation also corresponds with the rules and principles stipulated in the current data protection legislation. Naturally, the employee is expected to act in accordance with the workplace rules determined by the employer in order to protect the data. Occupational Health and Safety The employer is obliged to inform the employee regarding occupational health and safety measures, to provide the necessary training, to provide health surveillance, and to take the necessary occupational safety measures with regard to the provided equipment, by taking into consideration the nature of the job performed by the employee. Whether these measures are taken or not will be considered during the determination of responsibilities of the parties in a potential work accident. As well, the provision of this Regulation draws attention to the importance of taking occupational health and safety measures even in remote working. Conclusion It is indisputable that the provisions of this new Regulation will be a guide for all employers who apply remote working during the Covid-19 outbreak, or who are working on the planning of remote or hybrid working systems in the upcoming period. However, the Regulation leaves many issues to the agreement of the parties. Therefore, in any case, the basic principles and mandatory provisions of the Labor Law should be observed during the preparation of agreements related to remote or hybrid working model and regulations, which is in conformity with equity, and should be included.
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