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Labor Law Notifications May Now Be Sent Via Registered Electronic Mail (KEP)

Labor Law Notifications May Now Be Sent Via Registered Electronic Mail (KEP)

The Law No. 7555 on the Protection of the Value of the Turkish Currency and Amendments to Certain Laws and Decree Law No. 635 (“Law”) entered into force on July 24, 2025. With the enactment of the Law, Article 109 of the Labor Law No. 4857 (the “Labor Law“) has been amended, and the revised provision took effect as of 24 July 2025

 

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Written notification

ARTICLE 109. – Notifications required by this Law must be made in writing and signed by the relevant party. If the person receiving the notification does not sign it, the situation is recorded in an official report at the location. However, notifications falling under the scope of Law No. 7201 shall be made in accordance with the provisions of the said Law.

 

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Written or electronic notification

ARTICLE 109. – Notifications required in this Law must be made in writing and signed by the relevant party, or — subject to the written consent of the employee — via registered electronic mail (KEP), which serves as legal proof and provides evidence of both the sending and delivery. Notifications that result in the termination of the employment contract must, in all cases, be made in writing. If the person receiving the written notification does not sign it, the situation is recorded in an official report at the location. However, notifications that fall under the scope of the Notification Law No. 7201 dated 11/2/1959 shall be made in accordance with the provisions of the said Law. The costs related to the use of the KEP system shall be borne by the employer. Electronic notifications specified in this article shall be made in accordance with the relevant legislation governing the KEP system.

 

Through this legislative amendment, notifications under the Labor Law can now be served to employees via Registered Electronic Mail (“KEP”). Going forward, notifications under the Labor Law may be made via KEP and such notifications will be deemed legally valid, equivalent to written or wet-signed documents. However, it is important to emphasize that notifications resulting in the termination of an employment contract are excluded from the scope of the KEP system.

The use of KEP for such notifications is contingent upon the fulfillment of the following conditions:

  • The written consent of the employee must be obtained.
  • The employee must have a registered KEP address.
  • The costs must be borne by the employer.

With respect to the condition that “the cost must be covered by the employer” further clarification is expected in the near future regarding which specific expenses will fall within the employer’s obligation. It remains unclear, for example, whether the employer will also be responsible for the costs associated with the creation of the employee’s KEP address or for any expenses incurred in the employee’s response to KEP notifications. Additionally, going forward, the procedures for employee responses or objections to notifications sent by the employer via KEP are expected to be shaped in line with the secondary legislation anticipated to be implemented in practice.

Even prior to the enactment of this regulation, there were instances in practice where some employers used KEP to notify employees. Looking ahead, we expect that employers will increasingly adopt KEP as a standard method of notification. Accordingly, if employers choose to send notifications to employees via KEP, they will be required to obtain written consent from the employees.

The development and implementation of KEP-based notifications will also be shaped by future judicial rulings. It is important to emphasize that KEP has now been officially recognized as valid legal evidence under labor law and may serve as a critical evidentiary tool in reinstatement claims and other employee-related litigation.