Labour Law No. 4857 Amended! Electronic Notification Opportunity Introduced With Rem 25 July 2025
Article 109 of the Labour Law No. 4857 has been amended, together with its title and content, by the Law Amending the Law on the Protection of the Value of Turkish Currency and Certain Laws and the Decree Law No. 635 published in the Official Gazette dated 24 July 2025. With this important amendment, the procedures regarding the form of notifications to be made between employers and employees have been redefined.
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With the amendment that entered into force, two main methods stand out in the notifications stipulated under the Labour Law: |
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1. Written Notification: |
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2. Electronic Notification: |
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These notifications may only be sent via the Registered Electronic Mail (REM) system, a qualified electronic communication method that ensures legal proof of dispatch and delivery. |
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Employment Contract Termination Notices |
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According to the regulation; notifications that will result in the termination of the employment contract must be made in writing in any case. |
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Coverage of REM Costs |
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For these notifications to be made by applying the provisions of the legislation regarding the REM system, the Law clearly states that all costs related to the REM system will be borne by the employer. In this context, expenses related to the installation and operation of the REM system and dispatch of notifications cannot be charged to the employee. |
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Legal Consequences of Sending Wage Payrolls to the Employee Using the REM System |
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With the REM regulation, the first question that comes to mind for Human Resources Departments is about the delivery of payrolls to personnel via REM and what the legal consequences of this will be, especially whether the payroll sent through REM will meet the evidentiary requirements that a wet-signed payroll provides in disputes. |
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It should be noted that; there is no explicit regulation in the legal regulation for the use of the delivery of payrolls via REM as a means of proof. At this point, it should be noted that; although the fact that the payrolls are delivered to the employee using the REM system will provide the condition of fulfilling the obligation to deliver the pay slip within the meaning of Article 37 of the Labour Law No. 4857; it should be noted that the fact that this notification is made via REM does not directly mean that the payroll is approved by the employee. |
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It is understood that the Amendment aims to make the notification processes between the employer and the employee more secure and transparent both in written and electronic environment. However, it should be kept in mind that payrolls transmitted via KEP do not automatically provide the employee's consent; therefore, care should be taken to implement the necessary legal measures to ensure the proof requirement in practice. |
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