Flexible working methods, especially on-call work and remote work, respond to the needs of modern business life.
The Turkish Labour Code No. 4857 provides an important legal framework for the regulation of labor relations. In the Article 14 of the Act No. 4857, the regulations regarding on-call work and remote work as special types of atypical employment is being defined and thus, the relations between employers and employees are being defined in these work types.
Primarily, as to make the definition, on-call work refers to an employment relationship in which the employee performs the act of working when the employer needs it. This relationship is based on a written contract in accordance with the Act No. 4857.
Working Hours: Unless determined by the parties, the weekly working hour is accepted as 20 hours in on-call employment relationship in Türkiye.
The employee is obliged to work when called within the period determined by the employer and is entitled to wages during this period.
Obligations of the Employer: The employer must notify the employee at least four days before calling them. In addition, if the daily working hour is not determined, the employee must work at least four consecutive hours.
Remote work in the Turkish Labour Law
In addition to the “on-call work”, the concept of “remote work” is also being defined in the Act No. 4857. Accordingly, “remote work” is a form of employment relationship that allows the employee to work from home or via technological communication tools within the scope of the organization established by the employer.
Contract Terms: The employment contract regarding remote work must include the definition of the work, the way it is done, its duration, place, wages, the equipment provided by the employer and the obligations regarding its protection.
The Principle of Equal Treatment: Unless there is a fundamental reason, remote workers cannot be subjected to a different treatment than similar workers. This situation is of critical importance in terms of protecting workers’ rights.
Occupational Health and Safety: The employer is obliged to take occupational health and safety measures in remote work. Employees must be informed about the equipment they provide and working conditions, and the necessary training must be provided.
Regulations and Application: The procedures and principles of remote work are determined by the regulations issued by the Ministry of Labor and Social Security. These regulations include the conditions under which remote work cannot be done and other issues such as data security.
In conclusion, the Article 14 of the Turkish Labour Code No. 4857 regulates the concepts of on-call work and remote work, increasing flexibility in business life. However, in order for these regulations to be implemented effectively, it is important for both the employer and the employee to know their rights and obligations. In the coming period, the practices in this regard need to be further developed and updated.
