Remote working contract

Especially with the Covid-19 pandemic, it is observed that the traditional way of working in the workplace is gradually moving away and remote working methods have become widespread. Although remote working basically has an employee-employer relationship, it has differences for both parties. Remote working is defined as "an employment relationship established in writing based on the principle that the employee performs the act of working at home or outside the workplace with technological communication tools within the scope of the work organization created by the employer" within the scope of Article 14/4 of the Labor Code. Therefore, the basic obligations undertaken by the employee and the employer within the scope of the relevant contract are basically the same. However, apart from the basic obligations, due to the nature of remote working, there may be significant differences in some of the rights and obligations of the parties compared to traditional working methods. In our study, firstly, the legal basis and structure of remote working will be analysed. Then the remote working contract will be examined in the contexts of individual labor law, collective labor law and social security law. During all these examinations, various problems and legal deficiencies that are frequently encountered in the practice of remote working will also be mentioned.