Türkiye: Certain Notifications Required under the Employment Code May Now be Validly Delivered via Registered Electronic Mail, in Addition to Written Notifications

Authors: Ipek Unlu Tik and A. Kaan Baser

Amendments have been made to Article 109 of the Employment Code numbered 4857 through Article 23 of the Law Amending the Law on the Protection of the Value of Turkish Currency, Certain Laws, and Decree Law numbered 635 (the “Amendment Law”), published in the Official Gazette dated 20 July 2025 and numbered 32965.

The Law Amending the Law on the Protection of the Value of Turkish Currency, Certain Laws, and Decree Law numbered 635 (the Amendment Law”) has been published in the Official Gazette dated 20 July 2025 and numbered 32965.

Prior to the amendment, Article 109 of the Employment Code numbered 4857 stated that all notifications stipulated under the Employment Code are required to be in written form and required wet-ink signatures of employees.

With this new amendment, some notifications may now also be served to employees through the Registered Electronic Mail (=KEP) system without the “written form” and “signature” requirements, on the condition that the employee provides their written consent for such electronic notifications. The costs associated with the use of the Registered Electronic Mail system shall be borne by the employer.

The Registered Electronic Mail system serves as a qualified form of electronic communication and provides legal evidence regarding the transmission and delivery of the electronic message. Under the new regulation, communications made via the Registered Electronic Mail system are deemed to have legal evidentiary value, particularly with respect to the time of transmission, identity of the sender, and the integrity of the content.

On the other hand, notifications related to the termination of an employment agreement must still be made in writing and with a wet-ink signature, regardless of the method. If an employee abstains from signing the written notification, this must also be documented in written form.

Notifications that fall under the scope of the Notification Law numbered 7201 are excluded from the scope of this amendment and must still be made in accordance with the provisions of aforementioned law.

Key Points

• The Law Amending the Law on the Protection of the Value of Turkish Currency, Certain Laws, and Decree Law numbered 635 has been published in the Official Gazette.
• Some notifications may now be served to employees through the Registered Electronic Mail (=KEP) system without the “written form” and “signature” requirements.
• Employees must provide their written consents in order to be notified through the Registered Electronic Mail system.
• Costs of the Registered Electronic Mail system shall be borne by the employer.
• Notifications related to the termination of an employment agreement, as well as notifications that fall under the scope of the Notification Law numbered 7201, are excluded from the scope of this amendment.