This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Uzaktan Çalışma ve Kısmi Süreli İş Sözleşmesi.
A remote working contract must be made in writing and must cover where the work is done, its duration, the method of communication, and how equipment and expenses are provided for (Article 14 of the Labour Act). A remote or part-time worker may not be treated less favourably than a comparable full-time worker; entitlements apply in proportion to the hours worked.
Remote working is no longer the exception, but its legal framework is incomplete in many workplaces.
This article covers the requirement of a written contract, who bears the costs, and the rights of part-time workers.
How Is Remote Working Defined?
Article 14 defines it as an employment relationship, established in writing, in which the worker performs their obligation to work at home or outside the workplace using technological means of communication, within a work organisation created by the employer.
The Act states expressly that a remote working contract must be made in writing.
It must contain: the definition of the work, how it is to be performed, its duration and place, the wage and how it is paid, the equipment provided by the employer and the obligations for its protection, how the employer will communicate with the worker, and the general and specific working conditions.
The absence of a written contract does not invalidate the remote working arrangement, but it creates problems of proof, and those are resolved against the employer.
Who Bears the Costs?
The Act lays down a clear rule: workers engaged under a remote working relationship may not be treated differently from a comparable worker merely because of the nature of the contract, without a substantial reason.
So a remote worker's wage, leave, service and other entitlements cannot differ from those of a worker doing the same job at the workplace.
Expenses. Under the relevant regulation, the materials and work equipment needed for the production of goods and services are as a rule to be provided by the employer, and the rules for their use, maintenance and repair must be notified to the worker clearly.
How the necessary expenses arising from the performance of the work are to be identified and met must be set out in the contract. Electricity, internet and heating costs should be dealt with here.
Where the contract is silent, the general principle that such costs fall on the employer can be relied on — but writing it down at the outset avoids the dispute.
| Matter | Rule |
|---|---|
| Form of the contract | Remote working must be in writing |
| Equality of treatment | No less favourable treatment than a comparable worker without a substantial reason |
| Equipment | As a rule provided by the employer |
| Necessary expenses | To be identified and met as set out in the contract |
| Severance and notice pay | Apply to part-time workers, calculated on their own wage |
| Annual leave | The same number of days; pay corresponds to the hours worked |
| Switching to remote work | A material change; requires the worker's written consent |
A change from workplace to remote working, or the reverse, is a material change in working conditions and needs written consent.
Part-Time Contracts
Article 13 defines a part-time contract as one where the worker's normal weekly working time is substantially shorter than that of a comparable full-time worker.
The key points:
- No discrimination. A part-time worker may not be treated differently from a comparable full-time worker merely because the contract is part-time, without a substantial reason.
- Divisible entitlements apply proportionately. Wages and money entitlements are paid in proportion to the hours worked.
- Annual leave. The number of days is the same as for a full-time worker; only the pay corresponds to the hours worked.
- Severance and notice pay. Both apply, calculated on the worker's own wage. Service is counted in the ordinary way; it is not reduced in proportion to the hours.
- Priority for full-time posts. Where the employer creates a full-time post, part-time workers who ask to transfer are to be considered as a matter of priority.
Working Time and Availability
Remote working does not mean being available at all hours. The contract must set out how communication will take place and between which hours.
Two consequences follow:
- Work performed beyond the agreed hours is overtime, and the ordinary rules apply. Records of communications and system logs are the evidence.
- Where the employer requires availability outside those hours, that is a change in working conditions and can found a claim.
Health and safety obligations continue in remote working too: the employer must inform the worker about the risks of the work and the precautions to be taken.
A change from working at the workplace to working remotely — or back again — is a material change in working conditions under Article 22, and it requires written notification and written acceptance. Silence is not acceptance, and a change imposed without consent can found a termination for just cause.
Frequently Asked Questions
Must a remote working contract be in writing?
Yes. Article 14 requires it, and it must cover the work, its place and duration, the wage, the equipment provided, how communication will take place, and the working conditions.
Who pays for electricity and internet?
The contract must say how the necessary expenses arising from the work are identified and met. Equipment is as a rule provided by the employer, and where the contract is silent the general principle is that such costs fall on the employer.
Do part-time workers get severance pay?
Yes. Severance and notice pay apply, calculated on the worker's own wage, and service is counted in the ordinary way rather than reduced in proportion to the hours.
How much annual leave does a part-time worker get?
The same number of days as a comparable full-time worker; only the pay corresponds to the hours worked.
Can my employer move me to remote working?
Not unilaterally. It is a material change in working conditions requiring written notification and written acceptance under Article 22.