Lunch break, working hours and other interesting topics …

With the onset of the pandemic, with the remote entry into the world, the regulation on Turkey’s agenda, recently published in the Official Gazette, was reported to have been brought into law. Labor law specialist Dr. The girl praised the “Rules of Remote Work”, informing about the laws governing remote work in Turkey, which is on the agenda.

Recalling that in 2016, Article 14 of the Labor Law No. 4857 was amended to include provisions related to remote work, Altınbash University Faculty of Law Director of Labor and Social Protection Law. Dr. Başak Güneş said that until that date, there was no legal regulation on remote work in Turkish law. The same provision states that an regulation will be issued defining the principles and procedures of remote work. “But this regulation has not been given for a long time,” Gunesh said. Under the influence of the pandemic, remote work became widespread and the need for regulation increased, and Remote Work Regulation was finally published in the Official Gazette on March 10, 2021.

How is the lunch break organized?

Dr. Basak Gunesh, in one of the most interesting questions about the rules for working remotely, domestic worker’s lunch and other breaks, said:

“There are no special regulations in the Law and Regulations on the seizure of remote workers. The principles of working hours and special and general working conditions should be regulated in a written employment contract for remote work. Of course, the provisions to be included in the contract must also comply with the mandatory provisions of the Labor Code in this regard. According to Article 68 of the Labor Code, employees can work for 15 minutes, more than 4 hours and up to 7.5 hours (including 7.5 hours) in jobs with a duration of 4 hours or less, regulating the average daily working time. In accordance with the requirements of the work. 7.5 hours, 1 hour of rest should be given for work lasting more than half an hour. The law clearly states that employees will not be given a shorter vacation period. In fact, these rest periods should be given to the employee without interruption. However, these periods can be used intermittently by contract, taking into account the climate, season, local traditions and the nature of the work. These rules also apply to remote workers. “

If the employee uses his computer …

Dr. Başak Güneş gave the following information about who will pay for the technological infrastructure and communication costs of the domestic workers:

“Labor Law No. 4857 does not contain any regulation on employees’ spending on work. The issue is considered in the Debt Law No. 6098. Under the law, unless there is an agreement or local custom, the employer is obliged to provide the employee with the tools and materials needed for the job. If the employee agrees with the employer and assigns his own vehicle or material for the job, the employer must pay the employee appropriate compensation, unless otherwise agreed in the contract or local custom (Article 413 TBK). In addition, the employer must pay the costs required to perform the work. If the employee uses his tools and equipment, the employer must pay the employee an appropriate compensation. “

However, Dr. stated that he could decide differently on issues in the employment contract. Başak Güneş made these warnings: “On the other hand, we cannot say this in terms of expenses for work. In other words, the employment contract does not regulate the coverage of compulsory expenses by the employee, such a provision of the contract will be invalid. “

Is part of the rent paid by the employer?

He noted that it was also discussed whether the employer would participate in the rental price of home telemen or make a similar payment. Girl Sun, “Some employers require traders to work from home and be alone in the workplace for reasons such as the protection of trade secrets and information security. The general view on this issue is that in similar situations, ie if the employer asks the employee to allocate and limit the space allocated for work at home, he must pay the employee appropriate compensation in return. There is still no court decision on the subject. he said.

Are meals paid for the housekeeper?

Dr. emphasizing that there should be no difference between remote employees and employees working in the workplace in terms of paying for lunch expenses by the employer. Başak Güneş, “However, it should be noted that although they are in the minority, there are writers who have different views on teaching,” he said. If the employee will be working in the workplace, this practice should continue when the employee moves to distant jobs, stating that the cost of lunch is paid by the employer. The sun, “If the employer wants to raise this appeal, in accordance with Article 22 of the Labor Law No. 4857, the employee must submit a written proposal to file an appeal, and the employee must accept this proposal within 6 working days. Otherwise, the employee may sue for unpaid meals. “ he spoke.

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