The employee-employer relationship, which starts with the conclusion of the employment contract, may not end with the reconciliation of the two parties and in a peaceful environment, as we have encountered many times.
In this case, since the process is mostly carried to legal grounds, it is vital for the parties to be able to prove their actions and transactions.
In particular, keeping and signing payrolls and account slips electronically, notifications of changes in business conditions, warnings and creating evidence are the issues that employers should pay special attention to.
Notification Obligation for Payrolls and Account Slips
According to the Labor Law; The employer must give the employee a signed slip showing the wage account or bearing the special mark of the workplace for payments made at the workplace or to the bank.
In this slip, the day of the payment and the period to which it relates, the amount of all kinds of additions to the main wage such as overtime, weekly holidays, holidays and general holiday wages, and all kinds of deductions such as taxes, insurance premiums, advance deductions, alimony and enforcement must be shown separately.
Similarly, in hotels, restaurants, places of entertainment and similar places, and in places where liquor is served and various foods are sold to be eaten and drunk on the spot, the “percentage” method is applied; It will be necessary to document that the percentage amounts to be transferred to the employee have been distributed to the workers in full by the employer or the employer’s representative.
In case of violation of the above obligations, an administrative fine of TRY 1,050.00 is foreseen for the year 2020 per transaction. (Article 102/b of the Labor Law)
If the payments are made through the bank, it is not obligatory to include the employee’s signature on the payrolls and account slips. However, there are also Supreme Court judgments emphasizing that a presumption is created that the wages have been paid to the employee in terms of signed payrolls. As a matter of fact, the ‘Regulation on the Payment of Wages, Premiums, Bonuses and All Kinds of Allowances of this Nature through Banks’ published in the Official Gazette dated 18.11.2008 clearly stipulates that all kinds of wage payments will have to be made through banks in establishments employing 5 or more workers.
Violation of this obligation is subject to an administrative fine of 289 TL for each worker and each month in accordance with the Labor Law 102-1-a – for 2020.
Notification Obligation in Terms of Situations Requiring Notification Regarding Business Processes
In cases such as general low performance of the employee, acting contrary to the competencies committed at the beginning of the employment contract, absenteeism, compliance problems with colleagues, when it is necessary to obtain defense from the employee, or in cases such as notification of changes in working conditions, termination of the employment contract, we are obliged to document that the employee has been notified.
KEP and E-Notification Application and Its Benefits
Registered electronic mail (KEP) is defined as legally valid and technically secure electronic mail. KEP, in addition to the known e-mail, e-mail; Whether it was sent by the person/organization whose sender appears, Whether and when it has reached the recipient, whether it has been read by its recipient, and Re-access to e-mail if needed It is a system that provides evidence services related to .
The Registered Electronic Mail account can be obtained from the Registered Electronic Mail Service Providers to be applied via the link given below:
https://www.btk.gov.tr/kayitli-elektronik-posta-hizmet-saglayicilar
In fact, there is no obligation regarding use in the regulations regarding the registered e-mail system. However, pursuant to Article 7 of the Electronic Notification Regulation titled “Benefiting from the electronic notification service”, it is obligatory to notify joint-stock companies, limited liability companies and limited partnership companies whose capital is divided into shares by electronic means. Natural persons and other legal entities benefit from electronic notification on a voluntary basis. Pursuant to this provision, it is obligatory for the authorities authorized to send notifications and capital companies (joint-stock companies, limited liability companies and limited partnership companies whose capital is divided into shares) to have a KEP account.
The Registered Electronic Mail account can be obtained from the Registered Electronic Mail Service Providers to be applied via the link given below:
https://www.btk.gov.tr/kayitli-elektronik-posta-hizmet-saglayicilar
In fact, there is no obligation regarding use in the regulations regarding the registered e-mail system. However, pursuant to Article 7 of the Electronic Notification Regulation titled “Benefiting from the electronic notification service”, it is obligatory to notify joint-stock companies, limited liability companies and limited partnership companies whose capital is divided into shares by electronic means. Natural persons and other legal entities benefit from electronic notification on a voluntary basis. Pursuant to this provision, it is obligatory for the authorities authorized to send notifications and capital companies (joint-stock companies, limited liability companies and limited partnership companies whose capital is divided into shares) to have a KEP account.
