Amendment to the Labour Code Regarding Notifications via Registered Electronic Mail (KEP)

Introduction

The amendment to Article 109 of the Turkish Labour Code No. 4857, introduced by Law No. 7555 and published in the Official Gazette No. 32518 dated 24 July 2025, has brought a significant development in employment relations. This regulation allows certain written notifications between employers and employees to be made through the Registered Electronic Mail (KEP) system, marking an important step towards digitalisation in labour law practices.

Legal Framework

Article 109 of the Labour Code (as amended), Pursuant to the newly added provision:

“Notifications required to be made in writing under this Law, except for termination notices, may also be made through the registered electronic mail system, provided that the written consent of the employee is obtained. All costs related to the registered electronic mail system shall be borne by the employer.”

This amendment explicitly regulates:

• The possibility of making written notifications via KEP,

• The requirement of the employee’s written consent,

• The exclusion of termination notices from the scope of KEP notifications,

• The employer’s responsibility to bear all related costs.

Exception for Termination Notices

The legislation continues to require termination notices to be made in writing and with a wet signature. Accordingly, the termination of an employment contract, and any notifications concerning termination-related rights and obligations, cannot be carried out via KEP. This exception safeguards the evidentiary and procedural guarantees that are central to the Turkish labour law system.

Practical Requirements for KEP Notifications

1. Written Consent Requirement

All KEP notifications require the employee’s explicit and written consent. This consent should be documented separately from the employment contract and signed of the employee’s free will.

2. Cost Responsibility

All expenses related to the KEP system, including set-up, usage, and sending fees, must be borne entirely by the employer.

3. Technical Reliability and Evidentiary Value

Notifications sent via KEP have legal evidentiary value within the framework of the Electronic Signature Law No. 5070 and the Notification Law No. 7201. Therefore, it is essential to preserve transmission, delivery, and read receipts as proof in potential disputes.

Other Written Notifications and Implementation Considerations

The law explicitly excludes only termination notices from the scope of KEP notifications. Therefore, other written notifications envisaged under the Labour Code — such as:

• Delivery of payrolls,

• Warning letters,

• Performance evaluation results,

• Notifications of changes in working conditions,

may be sent via KEP, provided that the employee’s written consent has been obtained.

However, the legal validity of such documents in practice will depend on the complete preservation of technical records and full compliance with procedural requirements to ensure evidentiary value in potential disputes.

Conclusion

With the entry into force of this amendment on 24 July 2025, the use of KEP for written notifications under labour law has officially begun. This innovation offers the potential for increased speed and efficiency in employment processes, while also strengthening the legal validity and evidentiary status of electronic notifications.

However, the exception regarding termination notices must be carefully observed, and particular attention should be paid to obtaining proper written consent, maintaining technical records, and ensuring the reliability of the system, in order to safeguard the employer’s legal position in potential disputes.