Remote and Hybrid Work
Remote and hybrid work is now a permanent model for many companies; but doing the work from home or elsewhere raises new questions about occupational health and safety, tracking working time, expenses and data security. We set up the legal framework for remote work, hybrid models and digital performance systems.
What is remote work?
Remote work is a form of work in which the employee performs their work, within the work organisation set up by the employer, at home or outside the workplace using technological communication tools. It is regulated in the Labour Law, and the details are set out in the Remote Work Regulation that entered into force in 2021.
The remote work contract must be in writing. It sets out the description of the work, how it is done, its duration and place, pay, the equipment provided by the employer and the obligations to protect it, how the employer will communicate with the employee, and the general and specific working conditions.
How is the move to hybrid work made?
Moving an employee who works at the workplace to a remote or hybrid model is a change in working conditions and is made by written agreement of the parties. In a hybrid model, which days are worked at the workplace and which remotely, how this arrangement can be changed and how expenses are covered should be clearly set out.
Scope
- Legal design of remote work, hybrid models and digital performance systems
- Preparing remote and hybrid work contracts and policies
- Assessing employee monitoring and digital performance tools under the KVKK
- Assessing requests to work remotely from abroad
How We Work
- Defining the company’s working model and the positions that can be done remotely
- Preparing the remote or hybrid work policy and contract annexes
- Setting rules on equipment, expenses, working time tracking and occupational health and safety
- Assessing the monitoring and performance tools in use from a personal data protection perspective
- Communicating the policy to employees and monitoring its application
Team
Frequently Asked Questions
Do we have to cover a remote employee's home expenses?
Under the Remote Work Regulation, the contract must set out how necessary expenses relating to the work will be covered. Unless otherwise agreed, the employer provides the equipment the work requires. Whether expenses such as internet and energy are covered, and how they are calculated, should be stated clearly.
Who is responsible for a remote employee's occupational health and safety?
The employer must inform the remote employee about health and safety measures appropriate to the nature of the work, provide the necessary training and ensure health surveillance. Whether an accident at home counts as a work accident is assessed according to its connection with the work.
Can we monitor employees' computer use?
Under certain conditions. Monitoring must have a legitimate purpose, be proportionate to that purpose and employees must be informed in advance. Monitoring is processing of personal data under the KVKK and is subject to the duty to inform and to data security measures.
What happens if an employee wants to work remotely from abroad?
This may have consequences not only for employment law but also for tax, social security and the work permit rules of the country concerned. We recommend setting clear rules in the policy, even for short stays, and assessing each request individually.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
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