Home / All CMS Expert Guides / CMS Expert Guide to remote working /
Turkiye

Remote Working Legislation, Laws & Regulations in Turkiye

Laws, regulations and legal information related to working from home and remote work

Table of contents
  1. Is there any legislation relating to working from home in your country?
  2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?
  3. Can an employer force an employee to work from home?
  4. Can an employee force an employer to allow them to work remotely?
  5. Does an employer have to provide the employee with office equipment and supplies for remote work?
  6. Does a company have to reimburse an employee for expenses incurred while working from home
  7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    
  8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?
  9. Are there any other specific obligations for the employer?
  10. Does an employee need to be insured to work from home?
  11. Is an employee who works from home protected by legislation for work-related accidents and illnesses?
  12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)
  13. Are there any other specific obligations on the employee?
  14.  Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?
  15. Any other comments?
Turkiye
Add jurisdiction
Choose a jurisdiction to compare with

1. Is there any legislation relating to working from home in your country?

Yes, remote working (e.g., working from home) is regulated under Employment Law Numbered 4857 ("Law") and Regulation on Remote Working Numbered 39363 ("Regulation") in Turkey. The Law and the Regulation will together be referred to as the “Legislation”.

2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?

In accordance with the Legislation, remote working can be implemented by;

  1. employment contract at the beginning of the employment,
  2. shifting to remote working in an already existing employment relationship provided that both the employer and the employee agrees on the matter, and
  3. a unilateral decision in circumstances where remote working will be implemented in all or part of the workplace due to force majeure.

3. Can an employer force an employee to work from home?

No. Shifting to remote working constitutes a change in working conditions. According to the Article 22 of the Law, changes in working conditions can be implemented provided the employer and the employee agree on it (or, as mentioned above, if there is force majeure which makes it obligatory for the employee to work from home).

4. Can an employee force an employer to allow them to work remotely?

No. Generally, an employer has a right to manage the workplace and therefore can determine whether the employee would work at the official workplace or work remotely.

For completeness, as per Article 14 of the Regulation, an employee can submit his/her request for remote working to the employer in writing, but the employer is not obliged to accept this request.

5. Does an employer have to provide the employee with office equipment and supplies for remote work?

Yes. Pursuant to Article 7 of the Regulation, as the general principle, unless otherwise agreed in the employment contract, the employee should provide the employee with work equipment and supplies.

6. Does a company have to reimburse an employee for expenses incurred while working from home

According to Article 8 of the Regulation, issues regarding the determination and reimbursement of mandatory expenses directly related to the production of goods or services arising from the fulfillment of the work must be specified in the employment contract. As such, the rules regarding the re-imbursement of expenses arising solely from working remotely would be determined contractually.

Having said this, other expenses that relate directly to work (but which do not relate strictly to working remotely) must be indemnified by the employer at any rate.

7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    

No.

8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?

Yes. According to Article 14 of the Law and Article 12 of the Regulation, the employer is obliged to inform the employee about occupational health and safety measures, to provide the necessary training, to provide health surveillance and to take the necessary occupational safety measures regarding the equipment provided, considering the nature of the work performed by the remote worker.

9. Are there any other specific obligations for the employer?

As per Article 11 of the Regulation, the employer must inform the employee about the business rules and relevant legislation regarding the protection and sharing of data relating to the workplace and the work performed and must take the necessary measures to protect such data.

10. Does an employee need to be insured to work from home?

Pursuant to Article 14 of the Law, employees who work remotely cannot be treated differently from their colleagues only because of the nature of the employment contract, unless there is a substantial reason. Therefore, employees who work from home need to be insured.

Yes.

12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)

Generally, issues regarding the determination and reimbursement of mandatory expenses directly related to the production of goods or services arising from the fulfillment of the work should be specified in the employment contract in line with Article 8 of the Regulation.

Further, the employer is not obligated to provide a cost re-imbursement for remote working employees and in this case, charging such a re-imbursement against other saved expenses would not come into question in any case.

If the employer agrees to provide such re-imbursement, then it could determine the amount of such a re-imbursement freely, meaning that it could theoretically consider the amounts saved by the employee in determining the re-imbursement amount.

However, if the employer has undertaken to provide a cost re-imbursement, the employer could not simply reduce this benefit by charging it against the employee’s saved expenses, unless this is agreed between the parties.

13. Are there any other specific obligations on the employee?

As per Article 11 of the Regulation, the employee must comply with the operating rules set by the employer for data protection purposes.

14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?

No.

15. Any other comments?

N/A.