Work & HR

Hybrid work enters Turkish law: contracts must say where and when

An amendment to Turkey's Remote Working Regulation gives hybrid work a legal basis. How should HR teams update contracts, and what are the risks?

Short answer

Hybrid working is now explicitly defined in Turkey's Remote Working Regulation. An employee can work from the office on some days of the week and remotely on others, and the employment contract will state where work takes place on which days. A practice that spread after the pandemic without a clear legal framework becomes a formal contractual model.

Highlights

  • With a paragraph added to Article 9 of the Remote Working Regulation, hybrid work has been defined in legislation for the first time.
  • Which days an employee works in the office and which days remotely will now be stated explicitly in the employment contract.
  • The regulation took effect on the day it was published in the Official Gazette; it was prepared by the Ministry of Labour and Social Security.
A person's hand signing an official document on a desk
Photo: Cytonn Photography / Pexels

3 min read

One of the most debated issues in Turkish working life since the pandemic now has a legal framework. According to Marketing Türkiye, an amendment to the Remote Working Regulation (Uzaktan Çalışma Yönetmeliği) has explicitly defined the hybrid working model in legislation for the first time.

What does the amendment introduce?

According to the report, the regulation prepared by Turkey's Ministry of Labour and Social Security (Çalışma ve Sosyal Güvenlik Bakanlığı) adds a paragraph to Article 9 of the Remote Working Regulation. The paragraph allows part of the work to be carried out at the workplace and part through remote working; in other words, employers and employees can now agree on a hybrid model.

What will change in contracts?

The key feature of the regulation is that hybrid work will no longer remain merely an internal company practice: which days the employee works in the office, which days remotely, and the working hours will now be set out explicitly in the employment contract. In the example given by Marketing Türkiye, arrangements such as 'Monday and Tuesday in the office, the other days at home' could become contract clauses.

When did it take effect?

The amendment took effect on the day it was published in the Official Gazette (Resmî Gazete), meaning the regulation became applicable immediately upon publication. This also means companies were not given a long preparation period for the transition.

What should HR teams in Turkey do now?

For companies that practise hybrid working in reality but have not tied it to a written policy, the regulation serves as a warning: a practice not set out in the contract could later lead to disputes between employee and employer over 'which day is worked where'.

  • Update the employment contracts or supplementary protocols of existing hybrid staff to state which days are worked in the office and which remotely.
  • Prepare a contract template that preserves flexibility for teams whose working hours and location can change, while complying with the regulation.
  • Have HR and legal teams work together to add this clause directly to the contracts of new hires from the effective date.
  • Plan contract updates for existing employees together with an approval process, so that the employee experience is not adversely affected.

Frequently asked

Does the amendment make hybrid working mandatory for companies that do not use it?
No, the regulation does not make hybrid working mandatory; it only ensures that, if the parties agree on this model, where each day is spent is set out in the contract.
Are existing hybrid working arrangements automatically reflected in contracts?
No, for existing arrangements to comply with the regulation, companies need to update the contracts or supplementary protocols themselves.

Sources

  1. Marketing Türkiye ·

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