Legal Update: Amendments to Article 109 of the Turkish Labor Law No. 4857

Published in the Official Gazette on 24/07/2025The Law No. 7555 on the Protection of the Turkish Currency and Amendments to Certain Laws and Decree Law No. 635 has introduced significant changes to Article 109 of the Turkish Labor Law No. 4857, modernizing notification procedures in employment relations.

Previous Text of Article 109:

"Notifications under this Law must be made in writing and delivered against the recipient’s signature. If the recipient refuses to sign, this shall be recorded via an official report. However, notifications falling under Law No. 7201 on Service of Documents shall be governed by its provisions."

Revised Text of Article 109:

"Notifications under this Law must be made in writing, either against the recipient’s signature or—subject to the employee’s written consent—via Registered Electronic Mail (KEP), a qualified form of electronic mail providing legal proof of delivery. Notifications resulting in termination of employment must always be made in writing. If the recipient refuses to sign a written notice, this shall be recorded via an official report. Service of documents under Law No. 7201 remains unchanged.

Costs associated with the KEP system shall be borne by the employer. Electronic notifications under this article must comply with relevant KEP legislation."

Key Implications,

1. Digitalization of Notifications: Non-termination notices may now be sent via KEP (with employee consent), streamlining communication.

2. Legal Certainty: KEP ensures verifiable proof of delivery, reducing disputes.

3. Employer Obligations: Employers cover KEP costs, but benefit from reduced paperwork and delays.

   
   

My Assessment,

This amendment aligns with Turkey’s digital transformation goals, offering practical advantages for employers while safeguarding employees’ rights through clear consent requirements.

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