Workers’ Rights in Remote Work Systems

Workers’ Rights in Remote Work Systems. The digitalization of work practices worldwide and the mandatory global transformation experienced especially since 2020 have necessitated a reinterpretation of traditional labor law frameworks. In Turkey, this process began with the legal amendment made to Article 14 of the Labor Law No. 4857 in 2016; however, the actual procedures and principles were established with a concrete framework through the Remote Work Regulation published on March 10, 2021. Remote work is defined as a labor relationship based on the principle of the employee performing their work at home or outside the workplace via technological communication tools within the scope of the work organization created by the employer. In this model, the fact that the employee is not physically under the supervision of the employer necessitates specific protection mechanisms to prevent loss of rights. The five critical articles protecting employee rights in the remote work system are categorized under the headings of written contract requirement, management of working hours, provision of equipment and expenses, occupational health and safety, and data privacy/monitoring limits.

Historical Development and Legislative Infrastructure of Remote Work in Turkish Law

While remote work was initially considered an exceptional situation in Turkish labor law literature, it has become a permanent employment model with increasing technological possibilities. The provisions added to Article 14 of Labor Law No. 4857 by Law No. 6715 defined this model legally and placed the “written” requirement at the center. However, the general framework of the Law remained insufficient in answering practical questions such as who will pay the internet bill, how occupational accidents at home will be determined, or how overtime will be proven. This gap was filled by the Remote Work Regulation prepared by the Ministry of Family, Labor, and Social Services and published in the Official Gazette No. 31419.

The Regulation is not just an implementation guide but also contains mandatory provisions that protect the bargaining power of the employee against the employer. For instance, it is a fact accepted in doctrine that remote work is not a type of fixed-term employment contract, but a form of performance of the primary labor relationship between the parties. This situation ensures that the employee’s fundamental rights, such as severance pay, annual leave, and union rights, are preserved identically in the remote work model. The table below summarizes the cornerstones and regulation areas of the remote work legislation:

Legislative Basis	Primary Regulation Area	Relevant Article / Source
Labor Law No. 4857	Definition of remote work and written requirement	Article 14
Remote Work Regulation	Contract content, equipment, OHS, expenses, and data protection	All Articles
Turkish Code of Obligations (TCO)	Obligation to provide work tools and cover expenses	Articles 413, 462
LPPD (KVKK) No. 6698	Protection of employee’s personal data and monitoring limits	General Principles
Court of Appeals / BAM Decisions	Electricity expenses, proof of overtime, and grounds for justified termination	2023-2025 Current Precedents

1st Critical Article: Written Employment Contract and Transparency of Content

The first and most important step in protecting employee rights in the remote work system is that the labor relationship must be established with a “written” contract. The written requirement is not only a means of proof but also a safeguard mechanism that allows the employee to know the working conditions from the very beginning. Pursuant to Article 5 of the Regulation, it is mandatory for remote work contracts to be made in writing.

Mandatory Elements to be Included in the Contract

A remote work contract should be detailed enough to eliminate uncertainties. According to the legislation, the following elements must be included in the contract:

Definition of the work and the way it is performed.
Duration of the work and the place of work.
Issues regarding wages and payment of wages.
List of work tools and equipment provided by the employer.
Obligations regarding the protection of the equipment.
The employer’s method and time interval for communicating with the employee.

The absence of these articles may lead to the employer using their management right arbitrarily. For example, if the communication method is not determined, it may create a pressure element such as the employee being reachable 24/7.

Transition to Remote Work and Approval Mechanisms

A labor relationship can be established as remote work from the beginning, or an existing employment contract can later be converted into remote work. If the employee requests to work remotely, the employer must evaluate this request within 30 days and respond in writing. However, in the presence of force majeure (epidemic, earthquake, etc.), the employee’s approval is not required for the transition to remote work in the whole or a part of the workplace; this situation is within the scope of the employer’s unilateral management right. Except for this exception, the decision for remote work should, as a rule, be based on the mutual agreement of the parties.

2nd Critical Article: Determination of Working Hours and Overtime Rights

Remote work is the model where the boundaries between work and private life are most frequently violated. The fact that the employee is at home can create an illusion for the employer that they should be “online” at all times. Therefore, clearly determining working hours and safeguarding overtime wages is of vital importance.

Limitation of Working Hours and Rest Rights

In remote work, working hours cannot exceed the weekly limit of 45 hours specified in Article 63 of Labor Law No. 4857. Pursuant to Article 9 of the Regulation, the time interval and duration for remote work must be specified in the contract. The parties may change the working hours provided they adhere to the limitations provided in the legislation; however, this flexibility does not eliminate the employee’s rights to rest periods, weekly holidays, and annual leave.

Written Approval Requirement and Proof of Overtime

Overtime work in remote work can only be performed upon the written request of the employer and with the acceptance of the employee, in accordance with the provisions of the legislation. Work performed by the employee on their own initiative without the written request of the employer does not, as a rule, entitle them to overtime pay; however, if the workload is so heavy that it cannot be finished within normal working hours or if the employer is aware of this situation and remains silent, the courts can rule in favor of the employee.

Technological records are of primary importance in proving overtime. In a 2025 decision of the 9th Civil Chamber of the Court of Appeals (Merit No: 2025/4533), it was emphasized that the lack of a time stamp in electronic system records alone would not prevent these records from being accepted as a basis for a judgment. Employee log-in and log out times, the timing of sent emails, and VPN logs are accepted as means of proof by the courts.

Component of Time Management	Legal Requirement	Mechanism for Protection of Rights
Weekly Working Hours	Maximum 45 Hours	Compliance with intervals specified in the contract
Overtime Approval	Written Request and Acceptance	Rejection of work orders outside working hours
Method of Proof	Digital Records / E-mail	Storage of system logs and correspondence
Breaks	Legal Durations	Inaccessibility during designated hours

3rd Critical Article: Provision of Equipment and Coverage of Expenses

Loading the economic costs of remote work onto the employee is contrary to the fundamental protective philosophy of labor law. The employer is obliged to provide all kinds of hardware necessary for the performance of the work and to cover expenses related to the work.

Provision and Maintenance of Work Tools

Pursuant to Article 7 of the Remote Work Regulation, it is essential that work tools (computers, phones, software, etc.) are provided by the employer unless otherwise agreed in the contract. If the employee uses their own equipment, the usage fee or depreciation of this equipment must be compensated by the employer. Furthermore, although the employee is responsible for the protection and maintenance of the equipment provided by the employer, they cannot be held liable for ordinary wear and tear.

Coverage of Internet, Electricity, and Other Expenses

The most debated topic in remote work is the cost of internet and electricity at home. Pursuant to Articles 413 and 462 of the Turkish Code of Obligations, mandatory expenses directly related to the performance of the work must be covered by the employer. Article 8 of the Regulation also requires that the procedure for covering these expenses be specified in the contract.

Current judicial precedents are issuing revolutionary decisions in favor of the employee regarding this matter. A 2026 Regional Court of Justice decision accepted the non-payment of the electricity bill of a remote employee as “grounds for justified termination of the employment contract.” The decision stated that the electricity expense is a natural and mandatory consequence of remote work, and leaving this cost to the employee makes the continuation of the labor relationship unbearable. Similarly, it has been registered by the judiciary that internet access must be provided by the employer or the cost must be paid.

4th Critical Article: Occupational Health and Safety (OHS) Responsibility

The employer’s “duty to protect the employee” extends beyond the walls of the workplace into the employee’s home. Taking into account the nature of the work performed by the remote employee, the employer is obliged to provide information on OHS measures, provide necessary training, and ensure the safety of equipment.

Obligation of Training and Information

In remote work, the employer must train the employee not only on technical issues but also on the ergonomics of the home office environment, rules for working with display screen equipment, and psychosocial risks. OHS training provided to the employee should be recorded and kept in the employee’s personnel file.

Occupational Accidents and the Issue of Auditing

Accidents that occur during remote work are characterized as “occupational accidents” if the accident is related to the performance of the work (for example, an electric shock while working at the computer or falling while picking up a document related to work). The employer’s liability here is measured by whether they warned the employee about the risks and provided safe equipment. The employer has the right to inspect the employee’s work area (without violating privacy boundaries), but this inspection is usually conducted through statements provided by the employee or periodic surveys.

OHS Obligation	Scope	Employer Responsibility
Providing Information	Risk analysis according to the nature of work	Providing written guides and documents
Training	Remote or face-to-face OHS training	Monitoring the effectiveness of training
Health Surveillance	Periodic health screenings	Minimizing the risk of occupational diseases
Equipment Safety	Electrical and ergonomic standards	Provision of safe tools and equipment

5th Critical Article: Data Privacy, Personal Data, and Monitoring Limits

The balance between the employer’s “right to audit” and the employee’s “privacy of private life” is the most sensitive point of employee rights in remote work. The employer may conduct audits to ensure work safety; however, this audit cannot be disproportionate and cannot violate the provisions of the LPPD.

LPPD Compliance and Limits of Digital Surveillance

The employer must process the personal data of the remote employee within the scope of LPPD No. 6698 and provide the employee with an explicit notice (clarification text). The following limits apply to the software and hardware used for auditing purposes:

Camera and Audio Recording: Placing a camera in the employee’s home or taking continuous images from the computer camera violates the privacy of private life. Decisions of the LPPD Board subject audio recording and excessive visualization to heavy administrative fines.
Screen Monitoring and Keyboard Tracking: Continuous recording of the employee’s screen or tracking keyboard strokes (input tracking) can only be done in very limited and legitimate interest situations, with prior notice to the employee. Continuous and secret monitoring is unlawful.
Obligation to Inform: The employer must notify the employee in writing which monitoring tool is used for what purpose (e.g., performance measurement or data security).

“Right to Disconnect”

Digital technologies have transformed the concept of working hours into a state of “constant availability.” This situation has begun to gain legal status in Europe (especially in France and within the EU Parliament) as the “right to disconnect.” Although there is no independent legal regulation under this name in Turkey yet, Article 10 of the Remote Work Regulation has established the ground for this right by requiring the time interval for communication to be determined in the contract. The employee’s right not to answer emails, not to respond to WhatsApp messages, and not to answer calls outside of working hours is a natural consequence of the right to rest.

Jobs and Sectors Prohibited from Remote Work

Although the remote work model is flexible, it is subject to certain limitations for public health and national security. Article 13 of the Regulation has determined the prohibited areas within this scope:

Hazardous Chemicals and Radiation: Remote work cannot be performed in jobs involving hazardous chemical substances, radioactive substances, or their waste.
Biological Risks: Business lines with a risk of exposure to biological agents are outside the scope of remote work.
National Security and Strategic Services: In strategic units determined by public institutions and organizations, and in projects critical for national security, the decision of whether remote work can be performed depends on the relevant public authority.

Strategic Recommendations and Risk Management for Corporate Applications

For employers, the remote work process is not just a matter of technological infrastructure but also a serious process of legal compliance. To minimize legal risks and protect employee rights, the following steps are recommended:

Data Security Protocol: A data security protocol that is compliant with the LPPD and clarifies the boundaries of auditing should be signed between the employer and the employee.
Flexible but Distinct Working Hour Policy: While establishing a performance-oriented system, digital tools that respect the employee’s rest hours and private life should be preferred.
Cost Sharing Guide: A mathematical formula should be established in the contract for how expenses such as electricity, internet, and heating will be calculated and within what periods they will be paid.
Psychosocial Support: Employee support programs should be created against the feeling of isolation and loneliness brought by remote work.

Balance of Justice and Productivity in Remote Work

The remote work system is one of the greatest flexibilities offered to the working life of the 21st century; however, this flexibility should not lead to the erosion of employee rights. Turkish legal system, with the 2021 Regulation and subsequent court decisions, has defined the remote worker not as a “worker in their home” but as a “professional with rights in the workplace.”

The five critical articles examined written contract, working hour discipline, assumption of expenses, OHS surveillance, and data privacy are essentially the constitution of this new order. In particular, the decisions of the Court of Appeals and the Regional Courts of Justice granting the employee the right to terminate the contract if expenses are not covered reveal how serious the economic responsibilities of employers are in this process. In the future, with the “right to disconnect” becoming a legal requirement, the remote work system will take on a more humane and sustainable structure. This balanced approach, which both meets the employer’s need for auditing and protects the privacy and labor of the employee, is a fundamental requirement for the success of digital transformation.

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