Remote work in Turkey

Remote, or hybrid, work is becoming a more popular and common form of working, enabling a better work-life balance for employees, with studies citing multiple benefits including: 

• Increased productivity 

• Improved mental health and wellbeing 

• Higher retention rates 

• Lower work costs (equipment and office rent) 

• Less carbon emissions due to decreased commuting 

It’s no surprise, then, that more employees are solely considering remote opportunities, encouraging many employers to offer hybrid or completely home-based roles to boost their recruitment. This type of job description can offer a unique opportunity for employees to maintain a healthy and positive work life, while employers save costs on renting a coworking space. 

This article outlines the law on remote work particular to Turkey, drawing attention to the contractual regulations that both employer and employee must comply with.

Remote working in Turkey

In Turkey, remote work is regulated under Article 14 of the Labor Law No. 4857, amended as of 10 March 2021. 

Turkish law defines remote work as any job conducted by an employee outside of the workplace, with the use of digital tools and telecommunication.
 

Contractual obligations 

Under the Law, a remote job must be agreed upon via a contract signed between the employer and the remote worker, which must explicitly state: 

• The definition of the type of work to be performed 

• The location of the work 

• The working hours and duration 

• The tools, technology, or equipment to be provided 

• Remuneration to be offered 

• Necessary data security measures 

• Necessary performance monitoring 

The Remote Working Regulation of 2021 states that an employer cannot implement permanent remote working arrangements with an employer without mutual written consent and the above specifications.
 

OHS obligations 

A ‘digital nomad’ role requires a particular set of skills to operate efficiently and successfully. 

Article 14 of the Labor Law No. 4857, alongside the Occupational Health and Safety Law no. 6331, requires employers to provide information and training to all remote workers, such as occupational health and safety (OHS) risks, occupational health monitoring, and regularly assessing the nature of home-based work. 

Employers are responsible for conducting OHS risk assessments for both in-person employees and home-based employees. 

Employers are further obligated to adopt the required occupational health and safety measures regarding the work equipment provided to a remote employee.
 

Employee protections 

This Turkish Law bans any discrimination of remote workers, and individuals who work from home can’t be treated any differently based on this aspect of their job. 

Furthermore, employers must provide a justification for terminating any remote job, with a proper notice period depending on the type and duration of the contracted role.

Legal risks of remote work

Businesses operating in Turkey must maintain compliance with the Personal Data Protection Law (KVKK), which regulates data protection and privacy laws.  

This responsibility extends to remote workers, who will be using remote tools and technologies for their everyday tasks, raising concerns over online privacy and security. 

Some job opportunities, for example, may be ineligible for remote working, such as national security roles, defense roles, or any jobs involving the holding of classified data. 

Failure to comply with the KVKK can result in litigation and fines.