Transition to Electronic Notifications Under Labour Law: KEP System Now Has a Statutory Basis

Introduction

With the enactment of Law No. 7555 on 20 July 2025, Article 109 of the Turkish Labour Law No. 4857 has been amended, marking a significant step towards digitalisation in employment relationships. Under the new provision, certain employment-related notifications may now be made via Registered Electronic Mail (“KEP”), while the requirement for written form remains in place for critical communications such as termination notices.

Scope of the Amendment

Pursuant to the new Article 109, notifications stipulated under the Labour Law must be delivered to the recipient either:

• In written form with a physical signature, or
• Via KEP, provided that the employee has given prior written consent and that the transmission and delivery are carried out through a KEP account, which is defined as a legally recognised and qualified form of electronic communication.

Notably, notifications that give rise to the termination of the employment contract must in all cases be made in written form.

Where a recipient refuses to sign a notification, the refusal must be documented.

Employer Obligations and Compliance Considerations

Under the new regulation:

• All costs associated with the use of the KEP system must be covered by the employer.
• The validity of electronic notifications is contingent upon compliance with the relevant KEP legislation.
• Employers must explicitly agree with employees in advance, and in writing, that subsequent notifications shall be delivered via the KEP system.

Accordingly, employers are expected to plan their transition to the KEP system carefully, fulfil the technical requirements, and properly inform and educate their personnel regarding the process.

Assessment and Conclusion

This amendment represents a substantial move towards digitalisation in labour law, offering notable benefits in terms of efficiency, evidentiary strength, and record integrity in notification processes. Reaching a clear and written agreement on the use of KEP enhances legal certainty and the sustainability of communication practices. However, it must be emphasised that termination notices and other notifications producing legal consequences continue to require written form.

It is recommended that companies, in cooperation with their human resources and legal departments, review and update their internal procedures in line with the KEP system to ensure compliance and minimise legal risks.

For more information on the new rules regarding electronic notifications under labour law and their impact on your company’s HR or compliance procedures, please contact your CMS partner or local CMS experts: Dr. Döne Yalçın