Notification to the Employee via the Registered Electronic Mail (KEP) System

Notification to the Employee via the Registered Electronic Mail (KEP) System

NOTIFICATION TO THE EMPLOYEE VIA THE REGISTERED ELECTRONIC MAIL (KEP) SYSTEM

Introduction

With Law No. 7555, published in the Official Gazette dated 24 July 2025 and numbered 32965, and which entered into force on the same date, a significant amendment was made to the Labor Law No. 4857 (the Law); in particular, some of the uncertainties experienced in practice regarding the validity of notifications made through the Registered Electronic Mail (KEP) system have been eliminated.

With the new regulation, the way has been paved for employers to make notifications within the scope of the Law via KEP; the KEP system has been included among written notification methods, constituting an important step toward digitalization in labor law.

Practice Prior to the Amendment

Prior to the amendment, pursuant to Article 109 of the Law, notifications to be made by the employer were required to be in writing and delivered against signature. In practice, this obliged recourse to traditional methods such as notarized notifications or registered mail with return receipt where obtaining a hand signature was not possible; the validity of notifications made via KEP created hesitation since it was not explicitly regulated.

The New Regulation and Its Implications

Within the scope of the amendment introduced by Law No. 7555, the KEP system has been included among written notification methods. Accordingly;

  • Provided that the employer obtains the employee’s written consent, the employer may make all notifications within the scope of the Law via KEP, except for termination notices.
  • Notifications made through the KEP system are accepted as a valid notification method that satisfies the requirements of written form and proof.
  • With respect to termination notices, the written notification requirement has been preserved. The use of KEP in this regard has been restricted pursuant to the wording of the Law.
  • The employer is responsible for the costs related to the use of the KEP system.

With the new regulation, provided that all costs related to the KEP (Registered Electronic Mail) system are borne by the employer, and that the employer obtains the employee’s written consent either at the time of signing the employment contract or later through an additional protocol, the employer shall have the right to make all notifications within the scope of the Law—excluding termination notices—via KEP.

However, the KEP system provides only technical evidence that the transmission and delivery have occurred; it does not include a confirmation mechanism indicating that the content sent has been reviewed or accepted by the addressee. This is of particular importance with respect to documents that require the employee’s explicit consent or signature, such as notifications of changes in working conditions regulated under Article 22 of the Law and wage slips within the scope of Article 37.

In the specific assessment regarding wage slips, where the document is transmitted solely via KEP, there is no verification mechanism as to whether the employee has reviewed the document or objected to its content. This situation may give rise to uncertainties in disputes concerning labor receivables as to whether unsigned wage slips fully reflect the payments for the relevant period, and may pave the way for allegations of underpayment.

For this reason, with respect to documents requiring the employee’s consent or signature, the sole use of the KEP system, in its current form, does not provide sufficient legal assurance. Until an explicit regulation specific to these matters is introduced by the legislator, it is of great importance that such procedures be conducted with the utmost care and diligence.

Conclusion

The regulation introduced by Law No. 7555 constitutes a significant advancement toward digitalization in labor law. However, in order for the practice to be carried out in compliance with the legislation, it is necessary for employers to obtain employee consents in due form and to carefully manage processes involving notifications that require approval or signature.

Sincerely,

Atabay Law Office