Legal Framework of Remote and Hybrid Work: Rights and Obligations

1. Introduction: A New Era in Working Life and Remote Work Technological advancements and changing business models have fundamentally transformed the traditional office-oriented work structure. Today, remote or hybrid work has become a permanent way of doing business in many sectors, especially for white-collar employees. While this transition brings operational ease and flexibility, it has also created a need to reinterpret the legal legislation governing employer-employee relations.

Under Turkish law, remote work is regulated in Article 14 of the Labor Law No. 4857 and the Remote Work Regulation issued based on this article. In this article, we objectively evaluate the rights, obligations, and legal boundaries of the parties in remote and hybrid work models under current Court of Cassation precedents.

2. Written Contract Obligation and Fundamental Change Under legal regulations, a written contract or a written additional protocol adapting the existing employment contract to this model is mandatory for establishing a remote work relationship. The contract must clearly state the job description, method and duration of work, work location, salary and payment details, provision of work tools, and communication rules.

Transitioning existing employees directly to remote work or recalling a remote employee to the office triggers 'fundamental change in working conditions'—one of the most common disputes in working life. Under Article 22 of the Labor Law, such fundamental changes must be notified in writing and written approval must be obtained within 6 business days. Changes made without consent may grant the parties a right of termination under certain conditions.

3. Status of Travel and Meal Allowances One of the most discussed topics in remote or hybrid work is whether travel and meal allowances can be cut.

From a legal perspective, travel allowance is a social benefit paid to cover the actual cost of commuting to the workplace. Therefore, not paying travel allowance on days when the employee does not commute is generally not considered a violation of the legislation. However, meal allowance covers the employee's nutrition needs. Court of Cassation practices and the general trend suggest that the employee's meal right (cash, card, or in-kind) should continue during remote work. Unless agreed otherwise in the contract, completely removing the meal right because of the transition to remote work can lead to legal disputes.

4. Working Hours and the 'Right to Disconnect' One of the greatest risks of remote work is the blurring of boundaries between work and private life. The fact that the home also becomes the office can raise expectations for employees to be constantly accessible outside working hours.

However, weekly legal working hours (45 hours) and daily working limits apply exactly the same in remote work. Demands to respond to emails, phone calls, or WhatsApp messages outside working hours can be evaluated as overtime. The 'right to disconnect', which is widely recognized in EU legislation and modern labor law doctrine, defines the employee's right to turn off work-related communication channels outside working hours. In Turkish Law, it is accepted that employees cannot be forced to be constantly ready for duty outside working hours within the framework of the rule of good faith and the right to rest.

5. Do Accidents at Home Count as Occupational Accidents? According to Article 13 of the Social Security and General Health Insurance Law No. 5510, accidents that occur while the insured is under the authority of the employer or due to the performance of the work are considered occupational accidents. Since a part of the employee's home becomes the workplace in remote work, the legal status of accidents occurring in this area during working hours is highly sensitive.

In applications of the Court of Cassation and Social Security Institution, a causal relationship is sought between the moment of the accident and the work performed. For example, getting an electric shock while working at the computer or falling and getting injured while standing up to get a work-related document during working hours can be considered an occupational accident. However, accidents occurring outside working hours or during purely personal activities (e.g. cooking or cleaning) cannot be characterized as occupational accidents. Therefore, defining the boundaries of the workspace and working hours clearly in remote work contracts is of critical importance.

6. OHS and Data Security Obligations In the remote work model, the employer's obligation to provide occupational health and safety (OHS) training and necessary briefings continues. To protect the remote worker's health, the employer must inform the employee about the risks and ergonomics of the home working environment and document this information. The employee is also obliged to comply with these rules.

On the other hand, protecting company data and KVKK compliance is an important dimension of this model. Remote workers must comply with security measures to protect confidential information and personal data belonging to the company. Employers are obliged to secure remote access protocols (VPN, two-factor authentication, etc.) and inform employees in writing about data security policies.

7. Conclusion Remote and hybrid work models, while shaping the future of working life, necessitate establishing new balance points between the parties. Preventing legal uncertainties and protecting labor peace depends on clearly, objectively, and legally defining the rights and obligations of the parties in contracts.

_This content is for informational purposes only and does not constitute legal advice. We recommend consulting a specialized lawyer for your disputes arising from remote work and labor relations._