Flexible Working Models: Time Management and Legal Aspects

Entrance

The rapid development of digitalization and globalization has led to significant changes in the business world, and flexible working models have become widespread. The pandemic, in particular, accelerated the adoption of remote and hybrid working models. Flexible working models offer employees greater freedom and work-life balance, while also providing cost advantages for employers. However, regulating these new forms of work within the framework of labor law has brought with it many legal problems in terms of determining working hours and protecting workers' rights. This article will address the regulation of working hours in flexible working models and the evaluation of these regulations from a labor law perspective.

1. Definition and Types of Flexible Working Models

Flexible work models are practices where an employee's working hours, location, or duration are made more flexible. These work models emerged as an alternative to traditional work arrangements and have become widespread, particularly with the digitalization process. Some types of flexible work models include:

• Remote work: This is a model where employees work outside the workplace, usually from home or another location. This work arrangement eliminates the need for the worker to go to the workplace at specific times.
• Hybrid work is a model where employees work in the office on some days and remotely on others. It aims to combine the advantages of remote work with the productivity of an office environment.
• Flexible Working Hours (Flextime): This model allows employees to choose their own start and end times within a defined framework. However, employees are expected to complete a predetermined total of daily or weekly hours.
• Part-time work: This is a work model where the weekly working hours are shorter than those of full-time employees. In this model, employees can work part-time for specific hours.

2. Regulation of Flexible Working Models within the Scope of Labor Law

In Türkiye, regulations concerning flexible working models are addressed within the framework of the Labor Law No. 4857 and related regulations. These regulations are important both for protecting the rights of employees and for clarifying the obligations of employers.

• Remote Work Regulation: In Turkey, regulations regarding remote work are detailed in the Remote Work Regulation published in 2021. This regulation covers topics such as the definition of remote work, the rights and responsibilities of employees and employers, and occupational health and safety.
• Labor Law No. 4857 and Flexible Working: The Labor Law contains regulations regarding flexible working models such as part-time and on-call work. These regulations include principles relating to determining the employee's weekly working hours, calculating wages, and protecting social rights.
• Determining Working Hours: In flexible work models, determining how an employee's daily or weekly working hours are set is crucial. According to the Labor Law, the weekly working time is set at 45 hours; however, the distribution and arrangement of this time may differ in flexible work models.

3. Working Hour Disputes in Flexible Working Models

Flexible working arrangements can lead to various disputes, particularly regarding issues such as scheduling working hours and overtime pay. The main reasons for these disputes between employees and employers are as follows:

• Establishing Working Hours: Failure to clearly define the start and end times of working hours for remote employees can lead to overtime claims. Employers need to accurately track the working hours of remote employees.
• Overtime Pay: In flexible work arrangements, whether or not employees work overtime and how this overtime should be calculated is one of the most frequent sources of legal disputes. For example, it may be debatable whether the time spent responding to emails outside of working hours by a remote worker counts as overtime.
• Occupational Health and Safety: Uncertainty may arise regarding how to implement occupational health and safety measures in remote work models. There may also be differences in practice regarding how to define a workplace accident in the context of remote work.

4. Flexible Working Models in International Law

Regulations worldwide on flexible working models, similar to those in Türkiye, include various provisions aimed at protecting workers' rights. Practices in countries such as the European Union and the United States can serve as a guide for Turkey as well

• European Union: EU countries have various directives regarding flexible working arrangements. In particular, the Working Time Directive contains important regulations concerning workers' weekly working hours, rest periods, and overtime pay.
• United States: In the US, flexible work models are based on employer-employee agreements. While practices vary from state to state, the rights of remote workers are shaped by the employer's supervisory authority.
• Other Countries: In countries like Japan and South Korea, flexible work models are structured to protect workers' rights, and technological solutions for monitoring working hours are taking center stage.

5. Solutions to Conflicts Arising from Flexible Working Models

There are various legal avenues for resolving disputes arising from flexible working models:

• Mediation and Conciliation: Resolving disputes between employers and employees through mediation is a quick and cost-effective method for both parties. The importance of mediation is increasing in remote work and overtime disputes.
• Application to Labor Courts: Workers who have not received their entitlements regarding working hours can file a lawsuit in labor courts. The courts evaluate issues such as the worker's working hours, the employer's obligations, and overtime payments.
• Improving Legal Regulations: Updating regulations regarding flexible working models and preparing new regulations to protect workers' rights are important for preventing disputes.

Conclusion

Flexible working models offer new opportunities in the business world, but they also create some challenges in terms of regulating working hours and protecting workers' rights. Regulations in Türkiye and around the world aim to create a new legal framework for both employers and employees. Evaluating flexible working models from a labor law perspective is critical for both protecting workers' rights and clarifying employers' obligations. Future legal regulations will ensure that flexible working models are implemented in a more sustainable and equitable manner in the business world.