With Article 23 of Law No. 7555, published in the Official Gazette dated July 24, 2025, the title and content of Article 109 of the Labor Law No. 4857 have been amended.
As amended, Article 109 of the Labor Law No. 4857, dated May 22, 2003, now reads as follows:
“Written or Electronic Notification
ARTICLE 109 – Notifications stipulated in this Law must be made to the relevant party either in writing, with a signed acknowledgment of receipt, or—provided the employee gives written consent—via a registered electronic mail (KEP) system, which constitutes a legally valid means of transmission and delivery of electronic communications. Notifications resulting in the termination of an employment contract must, in any case, be made in writing. If the individual receiving the written notice refuses to sign, this must be documented with a formal record. However, notifications that fall within the scope of the Law on Notifications dated February 11, 1959, and numbered 7201 shall continue to be carried out in accordance with the provisions of that Law.
The costs related to the use of the KEP system shall be borne by the employer. The electronic notifications specified in this Article shall be carried out in accordance with the applicable legislation governing the KEP system.”
Under the new regulation, it is now mandatory for employers to make all digital notifications related to employment contracts exclusively through the Registered Electronic Mail (KEP) system. Methods such as standard email and SMS are no longer considered valid. Notifications must either be delivered to the employee in writing with a signed acknowledgment or, with the employee’s written consent, sent via the KEP system. This regulation is particularly significant for ensuring that unilateral declarations of will made by the employer are legally valid and duly received by the employee.
Notifications that result in the termination of the employment contract must, in any case, be made in writing. If the recipient refuses to sign the written notice upon delivery, this refusal must be formally documented. Additionally, notifications that fall within the scope of Law No. 7201 on Notifications shall continue to be governed by the provisions of that law. The amendment also clearly states that all costs associated with the use of the KEP system will be borne by the employer. Accordingly, employers are expected to establish the necessary infrastructure for transitioning to the KEP system and to obtain the written consent of employees for its use. Furthermore, all electronic notifications must comply with the regulations governing the KEP system.
In light of this amendment, it is essential that employers collaborate closely with their human resources and legal departments to incorporate provisions regarding the use of KEP into employment contracts and to update existing procedures in compliance with the new legislation. Ensuring that all correspondence—especially notices of termination—are fully aligned with the new procedures is of critical importance for maintaining legal validity.
You may access the full text of the legal amendment published on July 24, 2025, regarding the requirement to use KEP for notifications to employees via the following link:
https://www.resmigazete.gov.tr/eskiler/2025/07/20250724-2.htm
Best Regards,
Balay, Eryiğit & Erten
