Community
Remote Work is Here to Stay-But Is the Law Keeping Up?
Editor
Remote and hybrid work are model of working the employee performs his work anywhere but employer’s office or an employee who is working certain days at the workplace and certain days remotely.Remote and hybrid work is no longer ‘after pandemic work model’ but they are permanent working systems but law cannot keep up especially to hybrid work.Therefore,it is a important issue in labour law field due to the current situation.
The Current Legal Framework in Türkiye
In Türkiye, the primary legal framework governing remote work is set out in Article 14 of the Labour Law No.4857 and the Regulation on Remote Working,which entered into force in 2021.
Under Article 14 of the Labour Law, remote working refers to an employment relationship in which an employee performs his work outside the employer’s workplace, using technological communication tools. A remote working arrangement must generally be established in writing.The employment agreement should adress matters such as the nature and location of the work,working hours,remuneration,the provision and use of work equipment,communication arrangements and other working conditions.
Employees working remotely should not be treated less favourably than comparable employees solely because they work remotely.Employers also continue to have obligations concerning occupational health and safety,employee training and the safe use of work equipment,even where the employee performs their duties outside the employer’s premises.
Mandatory Terms of the Employment Contract
A remote work contract must contain nature of the work,the manner in which it will be performed,the duration of the employment relationship, the workplace,remuneration and payment arrangements,communication methods,and the general and specific working conditions.
The employer is also responsible for determining the rules concerning occupational health and safety, the provision of work equipment and comunication expenses.
The Growing Importance of Hybrid Work
Hybrid working has become an integral part of our lives in recent years,particularly following the COVID-19 pandemic.During the pandemic,it became evident that office-based,desk-oriented tasks could also be performed remotely,without employees being physically present at the workplace.This situation also provided economic benefits for employers.
The ability of employees to perform their work from home or another location of their choice provides greater flexibility and comfort.From the employer’s perspective,hybrid working also reduces the need to maintain office premises large enough to accommodate the entire workforce at all times.
Employer’s Right to Request Employees To Return To The Work Place
About the remote/hybrid work there is a question needs to be asked:Can the employer have the right to request an employee to return to the workplace?
For this question there is not a answer automatically says ‘yes’ or ‘no’.Due to the fact that there is not a regulation about that issue and mostly governed by agreements and workplace policies, the answer is in those agreements and policies.
If in the contract it has been clearly states that the employee will work remotely or certain days remotely,certain days in the workplace and the employer’s authorization to change the workplace these matters are important to consideration the employer’s request to return to the work.
Employee Monitoring
In hybrid work,employer is not at the same place with the employee so the employer may increasingly rely on digital monitoring tools.
For example:
monitoring working hours
monitoring the use of company computers or systems
monitoring emails and internal communication tools
monitoring employee performance and
recording when and how employees access certain systems
The legal question that brings up here is how to strike a balance between the employer’s right to monitor employees and employees’ rights to privacy and the protection of their personal data
The employer’s right to monitor employees does not mean that it has unlimited authority to monitor them.Monitoring should be based on a specific purpose, be necessary and be proportionate to that purpose.
Particularly in remote working arrangements,there is an important distinction between monitoring what an employee does on their computer and monitoring whether the employee is fulfilling their work obligations.
Data Protection
In remote and hybrid working arrangements, employees use digital systems more extensively, which may result in employers processing more personal data relating to employees. For example, working hours, entry and exit records, IP addresses, the systems used, email information, performance data, and location data may be considered personal data.
The important issue is the purpose for which the employer collects this data, whether such processing is genuinely necessary, and how long the data is retained. Employers cannot collect every piece of information about an employee simply because they have technical access to it. Data processing activities should be based on a specific and legitimate purpose and should be relevant, limited, and proportionate to that purpose.
For example, using a system to monitor an employee’s working hours is not the same as continuously monitoring all of the employee’s activities on their computer throughout the day. In the latter case, the interference with the employee’s privacy and personal data may be more extensive. Therefore, it should also be assessed whether the monitoring method used is proportionate to its purpose.
It is also important that employees are informed about the purposes for which their personal data is processed, what data is collected, and how it is used. In particular, employers should take data protection obligations into account when using digital monitoring and communication tools in remote working arrangements.
Conclusion
Although remote working is regulated under Turkish law, hybrid working is not expressly regulated by the legislation.Therefore, hybrid working arrangements are mostly governed by agreements between the parties and workplace policies.Given the increasing prevalence of this working model,it is important to provide clear legal regulations concerning its legal framework and implementation.
As hybrid working continues to become more common, various legal issues may arise regarding working hours,the employer’s right to request employees to return to the workplace,employee monitoring,data protection,occupational health and safety and the allocation of costs and responsibilities between employers and employees.Clearer regulations on these matters would provide greater legal certainty for both parties and help ensure that hybrid working arrangements are implemented in a consistent and predictable manner.
The Current Legal Framework in Türkiye
In Türkiye, the primary legal framework governing remote work is set out in Article 14 of the Labour Law No.4857 and the Regulation on Remote Working,which entered into force in 2021.
Under Article 14 of the Labour Law, remote working refers to an employment relationship in which an employee performs his work outside the employer’s workplace, using technological communication tools. A remote working arrangement must generally be established in writing.The employment agreement should adress matters such as the nature and location of the work,working hours,remuneration,the provision and use of work equipment,communication arrangements and other working conditions.
Employees working remotely should not be treated less favourably than comparable employees solely because they work remotely.Employers also continue to have obligations concerning occupational health and safety,employee training and the safe use of work equipment,even where the employee performs their duties outside the employer’s premises.
Mandatory Terms of the Employment Contract
A remote work contract must contain nature of the work,the manner in which it will be performed,the duration of the employment relationship, the workplace,remuneration and payment arrangements,communication methods,and the general and specific working conditions.
The employer is also responsible for determining the rules concerning occupational health and safety, the provision of work equipment and comunication expenses.
The Growing Importance of Hybrid Work
Hybrid working has become an integral part of our lives in recent years,particularly following the COVID-19 pandemic.During the pandemic,it became evident that office-based,desk-oriented tasks could also be performed remotely,without employees being physically present at the workplace.This situation also provided economic benefits for employers.
The ability of employees to perform their work from home or another location of their choice provides greater flexibility and comfort.From the employer’s perspective,hybrid working also reduces the need to maintain office premises large enough to accommodate the entire workforce at all times.
Employer’s Right to Request Employees To Return To The Work Place
About the remote/hybrid work there is a question needs to be asked:Can the employer have the right to request an employee to return to the workplace?
For this question there is not a answer automatically says ‘yes’ or ‘no’.Due to the fact that there is not a regulation about that issue and mostly governed by agreements and workplace policies, the answer is in those agreements and policies.
If in the contract it has been clearly states that the employee will work remotely or certain days remotely,certain days in the workplace and the employer’s authorization to change the workplace these matters are important to consideration the employer’s request to return to the work.
Employee Monitoring
In hybrid work,employer is not at the same place with the employee so the employer may increasingly rely on digital monitoring tools.
For example:
monitoring working hours
monitoring the use of company computers or systems
monitoring emails and internal communication tools
monitoring employee performance and
recording when and how employees access certain systems
The legal question that brings up here is how to strike a balance between the employer’s right to monitor employees and employees’ rights to privacy and the protection of their personal data
The employer’s right to monitor employees does not mean that it has unlimited authority to monitor them.Monitoring should be based on a specific purpose, be necessary and be proportionate to that purpose.
Particularly in remote working arrangements,there is an important distinction between monitoring what an employee does on their computer and monitoring whether the employee is fulfilling their work obligations.
Data Protection
In remote and hybrid working arrangements, employees use digital systems more extensively, which may result in employers processing more personal data relating to employees. For example, working hours, entry and exit records, IP addresses, the systems used, email information, performance data, and location data may be considered personal data.
The important issue is the purpose for which the employer collects this data, whether such processing is genuinely necessary, and how long the data is retained. Employers cannot collect every piece of information about an employee simply because they have technical access to it. Data processing activities should be based on a specific and legitimate purpose and should be relevant, limited, and proportionate to that purpose.
For example, using a system to monitor an employee’s working hours is not the same as continuously monitoring all of the employee’s activities on their computer throughout the day. In the latter case, the interference with the employee’s privacy and personal data may be more extensive. Therefore, it should also be assessed whether the monitoring method used is proportionate to its purpose.
It is also important that employees are informed about the purposes for which their personal data is processed, what data is collected, and how it is used. In particular, employers should take data protection obligations into account when using digital monitoring and communication tools in remote working arrangements.
Conclusion
Although remote working is regulated under Turkish law, hybrid working is not expressly regulated by the legislation.Therefore, hybrid working arrangements are mostly governed by agreements between the parties and workplace policies.Given the increasing prevalence of this working model,it is important to provide clear legal regulations concerning its legal framework and implementation.
As hybrid working continues to become more common, various legal issues may arise regarding working hours,the employer’s right to request employees to return to the workplace,employee monitoring,data protection,occupational health and safety and the allocation of costs and responsibilities between employers and employees.Clearer regulations on these matters would provide greater legal certainty for both parties and help ensure that hybrid working arrangements are implemented in a consistent and predictable manner.
Published in Community