SERVICE OF NOTIFICATIONS BY EMPLOYERS TO EMPLOYEES VIA REGISTERED ELECTRONIC MAIL (“KEP”)

The Law numbered 7555 on the Protection of the Value of the Turkish Currency and Amendments to Certain Laws and Decree Law numbered 635 (the “Law”) entered into force on 24 July 2025. Upon entry into force of the Law, article 109 of the Labor Law numbered 4857 (the “Labor Law”) has been amended, and the said amended article became effective as from 24 July 2025.

The amendments introduced by the Labor Law are in summary as follows:

(i)    Notifications required under the Labor Law must be made to the relevant employee in writing and against signature, or provided that the employee gives written consent, they may be served via registered electronic mail (in Turkish, “Kayıtlı Elektronik Posta”, “KEP”), which serves as legal proof and provides evidence of both the sending and delivery.
(ii)    Notifications that result in the termination of the employment contractshall in any case be made in writing. If the person receiving the written notification refuses to sign it, this situation shall be recorded by an official report (in Turkish, “tutanak”) at the location. However, any notifications falling within the scope of the Law numbered 7201 on Notification dated 11 February 1959 shall be carried out in accordance with the provisions of said Law.
(iii)    The costs associated with the use of the KEP system shall be borne by the employer. The electronic notifications shall be made in accordance with the applicable legislation regarding the KEP system.

Just to reiterate the new requirements for the use of KEP as below:

o    The written consent of the employee must be obtained.
o    The employee must possess a registered KEP account.
o    The costs must be covered by the employer.

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