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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.
With the Amendment Law, Article 109 of the Employment Code numbered 4857 has been amended together with its title, and notifications required under the Employment Code may now be validly delivered via Registered Electronic Mail (KEP), in addition to written notifications.
Through this amendment, "written form" and "signature" requirements concerning some of the notifications stipulated under the Employment Code are no longer the only option, and such notifications may now also be served to the employee through the Registered Electronic Mail (KEP) system, which serves as a qualified form of electronic communication and provides legal evidence regarding the transmission and delivery of the electronic message, on the condition that the employee provides their written consent.
Under the new regulation, communications made via the KEP 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. However, in any case, 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 article and must still be made in accordance with the provisions of aforementioned law.
The costs associated with the use of the KEP system are to be borne by the employer. Notifications via KEP must also comply with the provisions of the relevant KEP legislation to be considered valid.
The full text of the Amendment Law can be reached via this link. (Only available in Turkish)
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.
