During the pandemic and its aftermath there were discussions as to who should be responsible to cover expenses of a remote working employee made while performing his/her work such as meals, utilities and internet costs, as well as what methods should be used to prove over-time work. Although rules and procedures on remote-working have been regulated under the Remote-Working Regulation, which came into force on 10 March 2021, there has not been a precedent on remote-work related employee receivables claim.
In the present dispute, the employee terminated the employment contract based on just cause claiming that the employer did not cover his expenses incurred during working remotely from home including costs for electricity, internet and meals and also failed to pay compensation for his over-time work. The employee consequently filed a lawsuit against the employer claiming employee receivables for these items.
Bakırköy 9th Labour Court rejected the claim for expenses resolving that the employee failed to prove that there was a workplace practice to cover expenses such as electricity, internet or meals incurred during remote-working, despite the witnesses heard to support his claim. employee’s claim.
The Court also ruled that the emails submitted by the employee as evidence for overtime work fell short of proving overtime as the submitted correspondence did not show the start and end of the working hours nor duration of actual daily working hours. In reference to the Court of Appeals precedents, the Court rejected the overtime work claim by reasoning that the working hours are accepted to be flexible during remote-working and the employee had the prerogative to determine his working hours.
In conclusion, the Court decided that an established workplace practice is required for an employer to be obliged to cover expenses such as electricity, internet and meals incurred during remote-working and that a request for overtime work payment cannot be upheld as employees are subject to flexible working hours and can determine their own working hours.
This decision is centred on employee receivable claims relating to remote-work during the pandemic, yet it establishes a critical precedent on remote-working, which has becoming an ordinary practice for many companies.
Share
Related persons
You can contact us for detailed information.
Legal Information
This briefing is for information purposes; it is not legal advice. If you have questions, please call us. All rights reserved.
You May Be Interested In
29 November 2024
Turkish Competition Law Newsletter – 2024 Autumn Issue
The first decision involved Trugo Akıllı Şarj Çözümleri Sanayi ve Ticaret A.Ş. (“Trugo”), a subsidiary of Türkiye’nin Otomobili Girişim…
15 November 2024
WPP YEKA Tender 2024
The Republic of Türkiye’s Ministry of Energy and Natural Resources (“Ministry”) announced the Tender for the Allocation of Renewable…
25 October 2024
Regulation on the Withdrawal of Human Medicinal Products and Foods for Special Medical Purposes
The Regulation introduces provisions regulating withdrawal processes in a specific and detailed way and aligning such processes with modern…
30 September 2024
Prohibition on Cash Payments, Order Procedures, and Advertising for Crypto Platforms
In the bulletin dated September 19, 2024, a new principle decision numbered 1484 was published, establishing certain principles and…
24 September 2024
Recent Developments in Healthcare Legislation – 2024 Summer Edition
We would like to share with you our information note where we have summarised the latest developments in the healthcare legislation…