Pandemic process with Turkey is also in the whole world including the arrangements for remote working within the working life of the regulations came into force.
The “Remote Work Regulation” prepared by the Ministry of Family, Labor and Social Services entered into force after being published in the Official Gazette.
In addition to determining the procedures and principles of working remotely, jobs that cannot be done remotely work were also determined with the regulation.
In summary, the regulations to be brought by the regulation are as follows:
CONTRACT WILL BE DONE
In the contract; the definition of the job, the way it is performed, the duration and place of the work, the matters regarding the payment of wages and wages, the work tools provided by the employer, the equipment and provisions regarding their protection will be determined.
CONDITIONS FOR COMMUNICATION WITH THE EMPLOYER WILL BE DETERMINED
There will be provisions regarding the communication of the employer with the employee and general and special working conditions.
THE COST OF REMOTE WORKING WILL BE COVERED BY THE EMPLOYER
If necessary, arrangements regarding the location of remote work will be completed before the work starts. The method of meeting the costs arising from these regulations will be determined jointly by the remote worker and the employer.
It is essential that the materials and work tools required for the production of goods and services of the remote worker are provided by the employer, unless otherwise agreed in the employment contract. The principles of use and maintenance and repair conditions of these materials and work tools are clearly and understandably communicated to the remote employee.
COSTS OF COMPUTER, MOBILE PHONES VS VEHICLES WILL BE WRITTEN
In case the work tools are provided by the employer, the work tools list indicating the costs of these on the date of delivery to the worker is submitted to the worker in writing by the employer.
A copy of the document submitted to the employee, signed by the employee, will be kept by the employer in the employee's personal file. If the list of business tools is arranged in addition to the employment contract within the employment contract or on the date of the contract, it will not be necessary to issue a written document.
COMPULSORY EXPENSES
The issues regarding the determination and payment of the necessary expenses directly related to the production of goods or services arising from the performance of the work are specified in the employment contract.
OVER WORK DEPENDS ON WORKER'S ACCEPTANCE
The time interval and duration of remote work are specified in the employment contract. Working hours can be changed by the parties, provided that the limitations stipulated in the legislation are adhered to. Overtime work will be carried out at the written request of the employer, with the acceptance of the worker, in accordance with the provisions of the legislation.
The method and time interval of communication in remote work will be determined by the remote worker and the employer. Employer; inform the remote employee about the business rules and the relevant legislation regarding the protection and sharing of data related to the workplace and the work done, and take the necessary measures for the protection of this data.
The employer determines the definition and scope of the data to be protected in the contract. In order to protect the data, the remote employee is obliged to comply with the operating rules determined by the employer.
THE EMPLOYER WILL PROVIDE JOB SAFETY
The employer will be obliged to inform the employee about occupational health and safety precautions, to provide the necessary training, to provide health surveillance and to take the necessary occupational safety measures related to the equipment provided, taking into account the nature of the work done by the remote employee.
DANGEROUS WORKS CANNOT BE DONE REMOTE
Remote work will not be allowed in jobs that involve working with hazardous chemicals and radioactive substances, processing these substances or working with the wastes of these substances, and work processes that have a risk of exposure to biological factors.
NORMAL OPERATION CAN BE CONVERTED TO REMOTE OPERATION
The business relationship can be established directly with a remote employment contract or the employment contract of the employee currently working at the workplace can be converted into a remote work contract, if the employee and the employer agree.
WORKERS CAN REQUEST
In the regulation, the issues related to the request of the worker to work remotely are also listed:
The request is made in writing.
The request is evaluated by the employer in accordance with the procedure determined in the workplace.
While evaluating the demand, the suitability to work remotely due to the nature of the job and the worker and other criteria to be determined by the employer are used.
It is essential that the evaluation result of the request is notified to the worker within thirty days by the method in which the request is made.
If the request is accepted, a contract is made in accordance with the matters specified in Article 5.
The worker who switches to remote work may request to work at the workplace again, using the procedure specified in the second paragraph. The employer considers the request in question with priority.
In the event that remote work will be applied in the whole or part of the workplace due to compelling reasons specified in the legislation, the request or approval of the worker is not required for transition to remote work.