In today's globalized workforce, remote work is increasingly prevalent due to its flexibility and opportunities for employees and employers. However, individuals from abroad who wish to engage in remote work in Turkey should be mindful of certain factors. This article will explain all the facts about remote working in Turkey.
What is the Remote Working Regulation in Turkey?
The Remote Working Regulation is issued by The Ministry of Labor and Social Security in Turkey to clarify the facts of remote work agreements and contracts between employers and employees. It covers several subjects, including the conditions and duration of remote work, the responsibilities of both parties and any other applicable data about agreements of remote working in Turkey.
Can Foreign Citizens Work Remote in Turkey?
Under remote employment laws in Turkey, foreign people can work remotely within the country. Yet, there are critical aspects to bear in mind. Obtaining a work permit is among these considerations. Even for remote positions, they may need to obtain a work permit if a Turkish company employs them or plans to work physically within Turkey's borders. To acquire a work visa in Turkey, applicants must submit several documents, including a resume, academic and professional certificates, health insurance coverage, evidence of accommodation in Turkey, a valid passport, an employment confirmation letter from the company, and a signed employment contract.
For more information about Turkey's remote work regulations or to obtain a Turkey remote work visa, you should consult a lawyer in Turkey or a Turkish law firm with extensive experience in Turkish labor law. At Istanbul Lawyer Firm, our Turkish labor lawyers are specialists in resolving problems involving this area of law. Our English-speaking lawyers in Turkey offer you successful and seamless services for remote working in Turkey.
Key Laws and Regulations for Remote Working in Turkey
While working remotely in Turkey is not subject to special laws and regulations dedicated to this field, there are still laws and rules applicable to remote work arrangements.
Article 14 of Labor Law No. 4857 is essential for regulating remote work. This law governs the terms and conditions of employment contracts, addressing employers' and employees' rights and obligations regarding remote working in Turkey.
The processing and protection of personal data in Turkey are governed by the Turkish Personal Data Protection Law (KVKK). Employers are responsible for ensuring compliance with data privacy policies, even in situations where employees operate remotely.
Things to Consider in Remote Working
Working remotely involves performing job responsibilities from a location other than the traditional workplace, such as one's home or another isolated area. Employees who are not physically present can still collaborate with colleagues, perform tasks, and access essential information through technology while working remotely. Several key considerations for remote working in Turkey will be elaborated upon further.
Employment Agreement
Written contracts are necessary for jobs that entail remote working in Turkey. These contracts outline various details, including the type and method of work, scheduling, duration, costs, compensation, provision of tools and equipment, security measures for these tools, communication methods, and general and specific working conditions.
Materials and Working Tools
Unless otherwise stated, the employer is accountable for delivering the materials and equipment needed for the work. The employer also must ensure that employees receive adequate training on using these tools and equipment considering the conditions of remote working in Turkey.
Occupational Health and Safety
According to Turkish labor law, employers are obligated to enforce occupational safety measures for equipment, educate employees about health and safety protocols, and offer essential safety training and health monitoring. These measures should be adapted to accommodate remote work setups within the concept of remote working in Turkey.
Data Protection
Ensuring that all remote work operations strictly enforce the Turkish Personal Data Protection Law (KVKK). Employers and workers who handle personal data remotely are subject to the regulations outlined in this law, which governs the processing and protection of personal data.
Industries and Jobs Where Remote Work is Not Allowed
Some industries and occupations require on-site presence due to the nature of their jobs to offer services effectively. For instance, healthcare specialists generally need to be physically present at hospitals, clinics, or emergency response centers to provide patients with medical care and assistance.
Direct customer contact, transaction processing, and individualized support are also common tasks in retail, customer service, and hospitality jobs. The professionals often work on-site to help consumers, respond to questions, and oversee store operations.
The physical movement of goods and materials is a requirement for jobs in transportation and logistics, such as those held by truck drivers, delivery staff, and warehouse workers. Workers in these sectors must also be present on the job site to efficiently handle inventories, move items, and oversee logistical activities rather than remote working in Turkey.
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