Whose Responsibility Are Remote Workers' Expenses? A Guide to Remote Work in Light of Supreme Court and Regional Court of Appeals Decisions

Hybrid or full-time remote work models have become the permanent reality for white-collar professionals. However, with the relocation of the workspace to home, rising electricity, internet, heating, and water bills place the question "Who will pay for these expenses?" at the center of a legal debate. As an expert Labor Law attorney, I have compiled the steps you can take to detail your rights and limits with current precedent court decisions, without damaging your relationship with your employer.

Legal Basis: What Do the Labor Law and the Remote Work Regulation Say?

The basic framework of the remote work relationship is drawn by Article 14 of Labor Law No. 4857 and the Remote Work Regulation. Articles 6 and 8 of the Regulation make a very clear dual distinction regarding the coverage of expenses:

1. Mandatory Tools and Equipment: The provision of essential computer (laptop), monitor, corporate software, and technical hardware by the employer for the performance of work is a legal obligation.
2. Consumption Expenses: The coverage of basic consumption expenses such as electricity, internet, heating, and water incurred while working from home is not directly imposed on the employer; it is left to the freedom of contract (written agreement) of the parties.

Expense Sharing Chart in Light of Court Decisions

Court decisions provide us with a clear roadmap on how we shape this distinction in practice. You can see which expense is whose responsibility and its legal basis in the table below:

Expense Item	Legal Status and Employer's Responsibility	Precedent Court Decision / Legal Basis
Laptop, Software, and Technical Hardware	Must ABSOLUTELY be covered by the employer.	Remote Work Regulation Art. 6, Decision of the Court of Accounts 8th Chamber (specialized device requirement for 24/7 jobs)
Internet Service	Must be covered if it is a technical necessity for the performance of work.	Sakarya Regional Court of Appeals 9th Civil Chamber (2023/68 M. - 2024/490 D.)
Electricity, Heating, and Water	Subject to the mutual written agreement of the parties. The employer cannot unilaterally impose it.	Remote Work Regulation Art. 8
Ergonomic Equipment within OHS Scope	It is MANDATORY for the employer to provide equipment that will make the home environment safe.	Law No. 6331 and Supreme Court Precedents

An Important Judicial Detail: According to the decision of the 9th Civil Chamber of Sakarya Regional Court of Appeals; the employer's failure to cover the necessary technical tools specific to the remote work model and agreed-upon expenses such as internet/electricity constitutes a "just cause for termination" of the employment contract for the employee. The employer making these payments after the employee has terminated the contract does not nullify the employee's right to rightful termination.

Accidents at Home: The Supreme Court's Approach to Work Accidents

One of the biggest question marks when working from home is Occupational Health and Safety (OHS). "If I fall at home during working hours and break my leg, or have a heart attack while at the computer, is this considered a work accident?"

Pursuant to Article 12 of the Remote Work Regulation, the employer is obliged to protect the health of remote working personnel and provide necessary OHS training. The Supreme Court's interpretation on this matter is in favor of the employee and quite broad:

• Responsibility is Not Limited to the Office Building: The Supreme Court 21st Civil Chamber has clearly stated that the employer's duty to care for the employee is not limited to the physical workplace (office building), and all precautions required by technological developments also apply to the home working environment.
• Objective Liability and Negligence: According to the decisions of the Supreme Court 10th Civil Chamber; it is not enough for the employer to merely provide equipment; it is essential to provide training on the use of this equipment and to conduct supervision. Even if the employee's own negligence is involved, the employer's failure to conduct necessary occupational safety inspections for the home working environment creates liability.
• Conclusion: The probability of incidents such as falls, injuries, or heart attacks occurring at home while performing your work during working hours being legally considered a "work accident" is very high in line with Supreme Court precedents.

Call to Action for Hybrid Workers: What Should You Do?

As emphasized by the Supreme Court 9th Civil Chamber, written contracts are the most fundamental and binding element determining the rights of the parties in labor law. To avoid grievances regarding remote work expenses, you should take the following steps:

1. Request an Additional Protocol: Knowing that consumption expenses (electricity, internet, natural gas, etc.) are left to the freedom of contract by law, you must ensure that a clause for "additional payment for expenses" (e.g., monthly fixed bill/internet support) is added to the contracts you sign with your employer.
2. Clarify Boundaries: To enable a potential home accident to be classified as a "work accident," ensure that your working hours and workspace while working from home are clearly defined in your contract.
3. Communicate Professionally: Convey these requests to your Human Resources department in writing (via email, etc.), within a completely transparent and corporate framework of seeking rights, without damaging the trust relationship with your employer.

Remember; a clearly defined agreement, with expenses and OHS responsibilities specified in writing, protects not only you but also your employer by preventing future legal disputes.