What rights do employees working remotely (from home) have due to the pandemic? Since the start of the outbreak, many businesses moved to remote work to protect employees from infection. The obligations of both employees and employers regarding remote or work from home arrangements continue to be governed by applicable labor laws.
Obligations Related to Remote Work
The coronavirus pandemic accelerated the adoption of remote and work-from-home models. With advances in technology, many industries now support remote work, and employees perform their duties from home. Various issues can arise regarding work from home. Fundamentally, there is no difference in rights between working at the employer’s premises and working remotely.
Regulations addressing remote work were introduced in 2016 and incorporated into labor law. According to the relevant provisions, remote work is defined as an employment relationship in which the employee performs tasks within an organizational framework established by the employer, either at home or outside the employer’s premises using technological communication tools. A remote-work employment contract should specify the job description, how the work will be performed, the duration and location of the work, and details regarding salary and payment. It should also define the equipment the employer will provide and obligations for its maintenance, as well as general and specific conditions for communication between employer and employee.
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Employees Must Not Be Treated Differently
Remote employees are entitled to the same rights as those working on-site. Except for a compelling reason, an employee cannot be treated differently solely because of the nature of a remote contract compared to a comparable on-site employee. Employers may not reduce pay simply because work is performed remotely, nor may they apply different salary terms to remote workers when the same role is performed on-site. Benefits such as additional payments, bonuses, gratuities, or health insurance must be extended equally to remote workers.
If remote work arrangements create a disadvantage for the employee, the employer is legally responsible. A common issue is meal allowance. If the employment contract includes a meal allowance, it should continue to be provided during remote work. For example, if an employee receives a monthly meal allowance of 300 TL or has access to workplace meals, that amount should continue to be reflected in their salary. If meal vouchers or cards (such as Ticket) are used, the employer should continue loading the card. If the employer violates the employment contract, the remote employee may have grounds to terminate the contract for cause.
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Fringe Benefits and Health Rights Continue Unchanged
In addition to meal entitlements, health rights remain valid for remote workers. If a remote worker falls ill, they are entitled to sick leave under the relevant medical documentation. Employers cannot dismiss obligations by reasoning that the employee is already at home. Another frequent issue concerns working hours: being at home does not mean the employee is available at all times. Employers must respect standard working hours and apply them to remote employees. If work is required outside normal hours, overtime compensation must be reflected in the employee’s pay. Premium pay for official or religious holidays also applies under remote working conditions.
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