With the amendment to Article 109 of the Turkish Labor Law No. 4857, effective July 24, 2025, the legal framework for using Registered Electronic Mail (KEP) in human resources processes in Turkey has been significantly strengthened. This update allows employers to use KEP for delivering written notifications to employees—excluding termination notices—offering a secure, traceable, and legally recognized method for HR communication.
What Is Registered Electronic Mail (KEP) in Human Resources Processes in Turkey?
Registered Electronic Mail (KEP) is a secure and legally recognized electronic communication system in Turkey, where the identities of the sender and recipient, along with message content and timestamps, are certified and cannot be altered. KEP is provided by authorized service providers licensed by the Information and Communication Technologies Authority (BTK). In human resources processes in Turkey, KEP ensures that communications are both verifiable and legally valid.
Key Points of the New Regulation on Registered Electronic Mail (KEP) in Human Resources Processes in Turkey
- Effective Date: July 24, 2025
- Legal Basis: Article 109, Turkish Labor Law No. 4857
- Official Gazette: (Link to be added upon publication)
1. Use of KEP for HR Notifications
Employers can now send a variety of written HR-related notifications—excluding termination notices—via Registered Electronic Mail (KEP) in human resources processes in Turkey. Examples include:
Internal announcements and reminders
To ensure these notifications are legally valid, employers must obtain prior written and signed consent from employees before starting to use KEP for HR purposes. Consent should be documented, stored securely, and retrievable in case of disputes.
- Policy updates
- Shift schedule changes
- Salary adjustment notices (excluding those requiring explicit consent)
2. Termination Notifications Are Excluded
Termination of employment is a sensitive legal process and remains outside the scope of KEP notifications. Under the law, termination notices must be:
- Sent in accordance with the Turkish Notification Law No. 7201, typically via notary or official postal service.
- This ensures that termination procedures follow strict formalities and avoids potential claims of improper dismissal.Delivered in person with the employee’s signature confirming receipt, or
3. Costs Covered by Employers
All costs associated with implementing and maintaining Registered Electronic Mail (KEP) in human resources processes in Turkey must be borne by the employer. This includes:
- Initial setup fees for KEP accounts
- Subscription or maintenance fees charged by licensed KEP providers
- Integration costs for HR software compatibility
These costs cannot, under any circumstances, be passed on to employees, either directly or indirectly.
4. Legal Evidential Value
KEP offers high evidential value under Turkish law. Each message sent via KEP automatically generates:
- A dispatch record proving when and by whom it was sent
- A delivery record proving when and to whom it was received
- A content integrity certificate ensuring the message has not been altered
This means employers can rely on KEP records in legal proceedings to demonstrate compliance with HR communication requirements.
5. Does Not Replace Required Employee Consent
It’s important to note that KEP is a notification tool, not a substitute for formal employee consent where the law requires it. For example:
- Salary changes that require explicit approval cannot be finalized just by sending a KEP message
- Overtime agreements still need a signed document or digital signature compliant with e-signature laws
- Non-compete agreements or policy acknowledgements may still require physical or qualified electronic signatures
In short, while KEP ensures secure and legally valid delivery, it does not replace the legal obligation to obtain employee consent for certain HR matters.
Best Practices for Employers Using Registered Electronic Mail (KEP) in Human Resources Processes in Turkey
- Obtain employee consent for KEP use before starting.
- Partner with authorized KEP providers to integrate the system into HR workflows.
- Update HR policies and employee handbooks to include KEP procedures.
- Maintain compliance for terminations with written notice requirements.
Legal Compliance and Implementation
The adoption of Registered Electronic Mail (KEP) in human resources processes in Turkey improves the security, traceability, and legal validity of employer-employee communications. It supports digital transformation while ensuring the protection of employee rights and enhancing employer accountability.
Employers should prepare both technically and legally to meet compliance requirements before the July 24, 2025 effective date. Engaging professional legal and compliance advisors can help reduce risks and ensure a smooth transition.
