Discretionary Overtime Ended in the Hybrid Model
Official titleRegulation on Amending the Remote Working Regulation
Through the amendment made to the Remote Working Regulation, the hybrid working model was placed on a solid legal footing; it has become mandatory to specify in the contract on which days the employee will work in the office and on which days the employee will work remotely.
Before
There was no explicit provision requiring hybrid working (partial remote working) to be specified in the contract on a day-and-hour basis.
After
Where part of the work is to be performed remotely and part at the workplace, the days and hours during and the locations where the work will be performed must be explicitly specified in the contract.
Details of the Regulation
A critical paragraph was added to article 9 of the 2021 Remote Working Regulation through this new regulation published by the Ministry of Labour and Social Security. The primary focus of the amendment is to give legal status to the method known as the “hybrid model” in the business world, under which part of the work is performed at the physical workplace and part is performed remotely.
The most important innovation in the regulation is based on the principles of transparency and predictability. When the employer and the employee now agree on a hybrid model, the days of the week on which the employee will be in the office and the hours during which the employee will work remotely (from home or another location) must be clearly and unequivocally stated in the employment contract. This aims to eliminate ambiguities concerning working hours.
The regulation entered into force as of its publication date, 25 September 2026. As of this date, detailing the working days and hours has become a legal obligation for new employment contracts entered into or for the conversion of existing contracts to the hybrid model. This step is considered to provide a legal safeguard, particularly for maintaining work-life balance in flexible working models.
Questions You Might Have
- Can my employer force me to come to the office on my designated home-working day as specified in the contract?
- No, the days specified in the contract are paramount. Apart from emergency situations, no conduct contrary to the provision of the contract is permitted.
- Does this rule cover only those starting a new job?
- No, if existing employees are transitioning to the hybrid model or have already made the transition, their contracts must be updated in accordance with this new rule.
- Can working hours be changed while working remotely?
- No, the working hours specified in the contract must also be observed while working remotely; overtime may not be requested.
Key Terms
- İş Görme Edimi
- The work activity that the employee is obliged to perform in accordance with the employment contract.
- Uzaktan Çalışma
- The employee’s performance of work within the scope of the work organization established by the employer, at home or at a location outside the workplace.
Affected Sectors
- Information technology
- Finance
- Marketing
- Education
- All white-collar sectors
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REGAS Commentary
Hybrid working, which entered our lives after the pandemic but whose legal foundation remained a “grey area,” has been formalized through this regulation. Arbitrary demands by your employer such as, “I want everyone in the office today” will now give rise to a right to legal objection if they conflict with the remote working days specified in the contract. For both the employee and the employer, having a clear weekly schedule for the working arrangement will prevent possible overtime disputes in the future.