A. Introduction
With the Law on the Protection of the Value of the Turkish Currency and Amendments to Certain Laws and the Decree Law No. 635, published in the Official Gazette No. 32965 dated July 24, 2025 ("Amendment Law"), the title and content of Article 109 of the Labor Law No. 4857 ("Labor Law") have been changed.
You can access the Amendment Law from here.
B. Amendments Made
Prior to the amendment, Article 109 titled "Written Notification" required that notifications be made in writing and signed, without distinction between the parties such as the employee or employer. In the case where the recipient refused to sign, this situation was to be recorded in a report.
With the Amendment Law, the title of the article was changed to "Written or Electronic Notification" and along with this change, it has been stipulated that notifications can also be made via a registered electronic mail ("KEP") account in addition to the written notification procedure. However, to send notifications via KEP, the employee's written consent must be obtained, and the employee's KEP address must be available.
Notifications to employees who do not have a KEP address and/or have not provided written consent may only be effectuated through the written notification procedure as prescribed in the previous version of the legal article.
Additionally, with the new regulation, it has been explicitly stated that all costs related to the use of the KEP system for electronic notifications will be borne by the employer.
C. Exception to Electronic Notification
Notifications that result in the termination of the employment contract are expressly excluded from the electronic notification procedure. As explicitly stated in the legal provision, notifications that lead to the termination of the employment contract must, in all cases, be made in writing.
D. Conclusion
With the amendment that came into effect on July 24, 2025, it has become possible for other notifications prescribed in the Labor Law, excluding those that result in the termination of the employment contract, to be made through the KEP system. However, this method is conditional upon the employee's written consent and the existence of a KEP address. Moreover, it has been stipulated that the costs related to the use of KEP will be covered by the employer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
