The Problem
Remote work has become increasingly common in Turkey, but the legal framework is evolving rapidly. Whether you are a foreign company with remote employees in Turkey or a foreign worker employed remotely by a Turkish company, there are specific legal requirements that must be met. Many employers and employees are unaware of the 2021 amendments to the Labor Law that specifically address remote work arrangements.
How the Law Works in Turkey
Remote work (uzaktan çalışma) is regulated by Article 14 of the Labor Law (İş Kanunu), amended by the Remote Work Regulation (Uzaktan Çalışma Yönetmeliği, published March 10, 2021). Key requirements: a written remote work agreement specifying work location, hours, equipment provision, communication methods, and data protection measures. Employers must provide necessary equipment or cover costs, ensure occupational health and safety at the remote location, and protect personal data. Working hours and overtime rules apply equally to remote workers. Employers cannot reduce wages solely because of remote work arrangements.
What the Tourist Should Do
Ensure your employment contract or an addendum specifically addresses remote work terms. Document the home office setup for occupational health and safety compliance. Keep records of working hours even when working remotely. Ensure the employer provides or reimburses necessary equipment (computer, internet, phone). Clarify data protection measures for handling company information from your remote location.
The Risks
Remote work without a proper written agreement can lead to disputes over working hours, equipment costs, and workplace accidents. A workplace accident at a home office may not be covered by SGK without proper documentation. Foreign companies with remote employees in Turkey may unintentionally create a permanent establishment (işyeri) for tax purposes. Remote workers in Turkey for foreign companies without work permits are technically working illegally.
LetFix Solution
LetFix advises on remote work legal compliance in Turkey. Our lawyers draft remote work agreements, ensure regulatory compliance, and handle cross-border employment structuring for companies with remote staff in Turkey.
