Amendment to the Remote Working Regulation: Employers' Obligations in Hybrid Working

By the Regulation published in the Official Gazette dated September 25, 2026 and numbered 33381, a second paragraph was added to Article 9 of the Remote Working Regulation published in the Official Gazette dated March 10, 2021 and numbered 31419. The amendment entered into force on its date of publication.

The new paragraph expressly provides that it may be agreed for part of the work to be performed at the workplace and part of it by way of remote working, and stipulates that in such cases the days on which the employee will work at the workplace and remotely, together with the working hours, are to be set out in the employment contract.

Although the provision is brief, it gives rise to direct contractual and HR documentation obligations for employers applying a hybrid working model. This article addresses the obligations employers must fulfil following the amendment in terms of contracts, working time records, occupational health and safety and data security.

The Amendment Does Not Introduce a New Working Model, It Sets Rules for the Existing Practice

In its original 2021 form, the "Remote Working Regulation" was designed around a working arrangement in which the work is performed entirely outside the workplace. The model widely applied in practice, under which the employee works at the workplace on certain days of the week and remotely on others, was not expressly regulated.

This gave rise to uncertainty as to whether an employee working on a hybrid basis was to be regarded as a remote worker, to what extent the provisions of the Regulation applied to that relationship, and what had to be included in the employment contract. The new paragraph resolves this uncertainty and expressly brings hybrid working within the scope of the Regulation.

The first consequence is that, for an employee working on a hybrid basis, the other provisions of the Regulation concerning remote working will also apply in respect of the days worked remotely.

A New Mandatory Contractual Element: Days and Working Hours

Under the first paragraph of Article 9 of the Regulation, the time frame and duration of remote working were already required to be stated in the employment contract. With the added paragraph, in a hybrid model the days on which the employee will work at the workplace and remotely must also be determined in the employment contract.

At this point, the question companies need to answer is the level of specificity required. A statement such as "the employee shall work remotely two days a week" will not be regarded as having determined the days. The wording of the provision requires that it be ascertainable from the contract which days are to be spent at the workplace and which days remotely.

On the other hand, companies requiring flexibility cannot be expected to amend the contract every week. For this reason, alongside determining the days, it is important that the procedure for amendment be structured in the contract from the outset. Setting out in the contract the circumstances in which, the notice period within which and the method by which such a change may be made will reduce disputes arising later.

Existing Hybrid Practices Need to Be Reviewed

In a significant proportion of companies currently applying hybrid working, the model is operated not through the employment contract but at the level of an HR policy, an internal directive or an email announcement.

Pursuant to Article 14 of Labor Law No. 4857, an employment contract concerning remote working must be made in writing. Together with the new paragraph, the days and working hours must now also be included in the written contract for hybrid working. Accordingly, it is important that existing practices be put in writing by way of an addendum or an amendment to the contract.

When making this update, the regime governing material changes in working conditions must also be taken into account. Where a change adversely affects the employee's existing working arrangement, the situation must be notified in writing pursuant to Article 22 of the Labor Law and the employee's written acceptance must be obtained within six working days.

For example, moving an employee who works entirely remotely to a hybrid model requiring attendance at the workplace three days a week may constitute a material change for that employee. By contrast, where the transition is made upon the employee's request and the parties have agreed on it, written mutual consent will be sufficient.

Working Hours and Overtime

The first paragraph of Article 9 of the Regulation remains in force. Accordingly, the parties may change the working hours provided that the limitations set out in the legislation are observed, while overtime is performed upon the written request of the employer and with the consent of the employee.

In a hybrid model, working hours may be determined differently for days spent at the workplace and days spent working remotely. However, this difference must be expressly set out in the contract.

The point requiring attention in practice is the manner in which working time is recorded on days worked remotely. While days spent at the workplace are tracked through turnstiles or card reading systems, a comparable record is often absent for days worked remotely. Since this difference may produce consequences in terms of the burden of proof in overtime disputes, it is important that a consistent working time record also be established for days worked remotely.

Transition to Remote Working and Return to the Workplace

Pursuant to Article 14 of the Regulation, the employment relationship may be established directly through a remote working contract, or the employment contract of an employee already working at the workplace may be converted into a remote working contract by agreement of the parties. The employee's request to this effect is made in writing and is assessed by taking into account the nature of the business and the work as well as the qualifications of the employee.

A transition to a hybrid model falls within this scope by its nature. For this reason, it is important that the request, the assessment and the notification of the outcome to the employee be carried out in writing.

The Occupational Health and Safety Obligation Does Not Distinguish Between Days

Pursuant to Article 12 of the Regulation, the employer is obliged to inform the remote worker about occupational health and safety measures, provide the necessary training, ensure health surveillance and take the necessary safety measures in respect of the equipment provided, taking into account the nature of the work performed.

In a hybrid model, this obligation continues in respect of the days on which the employee works remotely. The fact that the place of work is the employee's residence does not eliminate the employer's occupational health and safety responsibility. For this reason, information and training records should be updated so as to cover employees working on a hybrid basis.

Checklist for HR and Payroll Processes

Following the amendment, the matters companies should review are as follows:

• Has an employment contract or addendum been issued for employees working on a hybrid basis, and are the days to be spent at the workplace and remotely, together with the working hours, determined in that document?
• Is the procedure applicable in the event of a change of days set out in the contract?
• Are working time records kept for days worked remotely, and are overtime requests made in writing?
• Has it been clarified how transportation, meal and similar fringe benefits will apply on days worked remotely?
• Do occupational health and safety information and training records cover employees working on a hybrid basis?
• Do the data security business rules and the employee privacy notice reflect the hybrid working arrangement?

Conclusion

The amendment to the Remote Working Regulation places the hybrid working model, already widely used in practice, on a clear legal footing. The principal consequence of the regulation for companies, however, is at the contractual level.

Hybrid working is no longer merely an HR policy preference but a working arrangement whose days and hours must be set out in the employment contract. For this reason, the priority for companies should be to determine the extent to which their existing hybrid practices are reflected in written contracts and to remedy any shortcomings by way of addenda.

You can access the relevant Regulation here. (In Turkish)