Employment & Labour

REFLECTIONS OF THE TRANSITION TO THE REGISTERED ELECTRONIC MAIL (REM) SYSTEM IN WORKPLACES ON HUMAN RESOURCES PRACTICES

What is REM System? By whom is its use deemed obligatory by law?

Registered e-mail (REM) is defined as legally valid and technically secure e-mail; Compared to e-mail, which is widely used in the sharing of information and documents in the electronic environment, it is a system that provides evidence services regarding whether the message was sent by the person/organization whose sender appears, whether it reached the recipient and when it was reached, and the e-mail can be accessed again if needed.

With the REM system, all kinds of official, private or commercial documents, letters and notifications (declaration, rescript, application, notification, warning, notice, etc.) can be sent and received by e-mail between institutions and individuals. In order to obtain a Registered Electronic Mail account, it is necessary to apply to the Registered Electronic Mail Service Providers on the website of the Information Technologies and Communication Authority. While seeking e-signature for those who will benefit from the system as a sender; There is no e-signature requirement for users who will only acquire a REM account as a buyer.

Although there is no obligatory requirement in the regulations regarding the REM system, in accordance with Article 7 of the Electronic Notification Regulation titled “Using Electronic Notification Service”; It is obligatory to make electronic notifications to joint stock companies, limited liability companies and limited partnerships whose capital is divided into shares. Natural persons and other legal entities can optionally benefit from electronic notification. As per the relevant provision, it is obligatory for the authorities authorized to send notifications and companies with share capital (joint stock, limited liability companies and limited partnership companies whose capital is divided into shares) to have REM accounts.

How can the REM System be legally implemented in the workplace?

It can be thought that an additional protocol should be drawn up with the employment contract or a separate consent from the employee, in order for the REM application to be implemented in the workplace and for it to be considered legally valid. However, considering the adaptation of the Labour Law practices to the REM system, it is difficult to say that the Labour Law legislation and the legal regulations in the REM system are in full compliance.

In this context; If the principles regarding the use of the REM system are to be regulated in employment contracts or in an additional protocol, it can be said that, all notifications to be made to the employee in the relevant texts will be made via the REM address, the number of days within which the notifications will be read will be accepted, the number of days to object to the payrolls and other documents or notifications to be made and it can be said that the necessary measures should be taken in accordance with the provisions of the Law on the Protection of Personal Data. Then, the REM address will be used in the communication between the employer and the employee by obtaining the REM address on behalf of the employer and the employees from one of the legally authorized Registered Electronic Mail Service Providers. However, the legal nature and results of the notifications made through the REM address are still discussed; It should be noted that only the agreement between the employer and the employee on the use of the REM address does not make the notifications legally valid. In this respect, it is not yet possible to fully foresee the problems that the system will create before the Courts and Labour Inspectors if the employers adopt REM, since the judicial decisions have not become case law at the current stage.

Can documents subject to written notification in the context of Labour Law be notified to the employee by using REM and E-Notification?

According to Article 109 of the Labour Law regulated under the heading “Written notification”; “Notifications stipulated in this Law must be made in writing to the relevant person in return for signature. If the notified person does not sign it, the situation will be recorded in that place.” However, the notification within the scope of Law No. 7201 is made in accordance with the provisions of the said Law. For this reason, all kinds of notices, notices, requests for defence and termination based on disputes between the employee and the employer must be notified in writing to the employee in return for signature. In addition to these notifications; It is important that the wage calculation sheet and payroll, which are among the documents related to the wage, bear the signature.

Within the current legislation, employees are not obliged to use a REM address. However, since the REM system is a new application and in line with the importance of having signatures on documents such as the 109th article of the Labour Law and the payroll, the validity of the notifications made to REM addresses should be carefully evaluated. Even if an agreement is reached between the employee and the employer regarding the REM address; The legal validity and results of the notifications to be made to the relevant address are uncertain at the last point reached. Therefore; We are of the opinion that in any dispute that may arise from the employer-employee relationship, it should be approached cautiously whether the notification to the employee via the REM System or the signing of the payrolls with e-signature will constitute evidence.

Sena Koç, Attorney at Law

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