Uzaktan Çalışmada Çalışma Süresinin Ölçümünün İş Kazası Değerlendirmesine Etkisi
The Impact of Measuring Working Time on the Evaluation of Occupational Accidents in Remote Work

Summary/Abstract: With the widespread adoption of remote working during the COVID-19 pandemic, new legal debates have emerged in relation to the measurement of working hours, the definition of occupational accidents, and occupational health and safety practices. This study aims to examine how the concept of "working time" is measured in remote work arrangements and how such measurement affects the evaluation of occupational accidents. Particularly in home-based work settings, the causal link required for recognizing an incident as an occupational accident under Law No. 5510 on Social Insurance and General Health Insurance becomes increasingly ambiguous. In this context, the study employs a normative analysis method and discusses the evidentiary value of digital records (VPN logs, login data, email timestamps) in light of decisions by the Court of Cassation and Regional Courts of Appeal. Moreover, the employer’s occupational health and safety obligations are assessed within the framework of the Remote Working Regulation and the Labor Law No. 4857. The main finding of the study is that proving working hours in remote work arrangements has become more difficult, leading to legal uncertainty in the identification of overtime work and occupational accidents. Therefore, the study emphasizes the need for clearer legal definitions and digital monitoring mechanisms specifically designed for remote working models.

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