Amendment to the Labour Law Regarding the Use of Registered Electronic Mail

2Within the scope of Law No. 7555 on the Protection of the Value of Turkish Currency and on the Amendment of Certain Laws and Decree Law No. 635, which entered into force on 24 July 2025, a significant amendment has been introduced to Article 109 of Labour Law No. 4857. This amendment redefines the principles governing the form of notifications under the Labour Law.

Previous Legislative Framework

Pursuant to the repealed Article 109 of the Labour Law, all notifications to be made by the employer to the employee were required to be in writing and delivered against signature. This requirement was introduced to ensure that notifications were duly served in accordance with legal procedures and to prevent potential legal disputes. In addition, notifications falling within the scope of the Notification Law No. 7201 were subject to the provisions of that Law.

Amendment and New Regulation

Under the new regulation, notifications to be made by the employer to the employee may also be effected through the “Registered Electronic Mail (“REM”)” system, provided that the employee has given prior written consent. REM is a qualified form of electronic mail that serves as legally admissible evidence. In this respect, notifications made via REM will produce the same legal consequences as written notifications.

However, in the case of notifications that would result in the termination of an employment contract, the use of REM is not permitted, and the requirement of written form remains in place. This exception constitutes an important safeguard for the protection of job security and employee rights.

Costs and Implementation Requirements

The statutory provision stipulates that the costs associated with the use of the REM system shall be borne by the employer. However, the scope of such costs remains unclear. For instance, the current regulation does not specify whether expenses related to the employee’s obtaining a REM address or costs incurred in the process of responding to notifications will be covered by the employer. This matter is expected to be clarified through secondary legislation.

For the validity of notifications, it is mandatory that the employee has a REM address and has provided written consent. In the absence of these conditions, the legal validity of notifications made via REM will be debated.

Conclusion

The amendment to Article 109 of the Labour Law may be regarded as a significant step towards the integration of technological advancements and digitalisation into the legal framework of labour law. The recognition of the REM system as legally admissible evidence constitutes a measure aimed at ensuring transparency and certainty in the notification processes between employers and employees.

However, it is expected that secondary legislation will be issued to eliminate uncertainties in practice and to clarify the rights and obligations of the parties. In particular, the scope of cost elements and the exclusion of termination notices from REM use should be closely monitored from the perspective of employee rights.

In this context, it is of critical importance for employers to obtain prior written consent from employees and to meticulously plan processes relating to the use of REM. In the future, judicial practice is also expected to develop and interpret the new regulation in line with its purpose, which will be essential for ensuring legal certainty.