End to the Wet Signature in the Human Resources Processes

Thanks to REM (Registered Electronic Mail), a radical transformation is applicable in the Human Resources processes.

When a human resources professional is about to improve, to accelerate a process, he/she is to encounter numerous obstacles. An improvement, which you may find academically meaningful, is either costly in practice, or legally inapplicable.

Human Resources professionals in our country are to strive against burdensome bureaucracy in numerous work processes due to our complex regulation structure. It is a reality that, the normativeness arising during the organizations' efforts for operating in compliance with the law gives rise to unproductiveness. In view of the efforts being aimed at avoiding the reemployment lawsuits that are often encountered in the course of the contract termination processes particularly in the recent years, the personnel affairs, payroll, and performance management issues have become ever more important.

It has become more evident than ever that, manpower is essentially the most critical cost of the enterprises. In parallel thereto, the better such a costly resource is managed, the higher is the added value being provided to the organizations. In comparison to those of the foreign investors, our local companies' efforts aimed at improving the human resources processes have been escalated only for the last ten years period. On the other hand, upon encountering the different practices being applied in our country in the field of human resources, the foreign companies have not only become confused, but also attempted to develop interim solutions to harmonize the said applications with their own systems. The insufficiency of the applications with regard to personal information security, as well as the practically difficult rules of the labor law and tax laws, at times have made the foreign companies think that the penalties they were to be charged with, would be less costly in comparison to their compromises on confidentiality.

Numerous problematic processes such as the obligation to have wet signatures affixed on the pay slips and leave forms of the personnel, keeping leave books, etc. are tried to be overcome by the initiatives of the human resources managers and corporate consultants.

These interim solutions may give rise to a separate case management process to waste the time of the human resources upon arise of the reemployment lawsuits as a consequence of the problematic terminations.

Simplification of the Human Resources Processes ought to be the common objective of all the professionals in the sector. This will bring about both social and economical gains.REM (Registered Electronic Mail) appears as a quite helpful novelty in order to achieve our goals.

So what is REM? Standard e-mails are in fact nearly similar to sending ordinary mails to our addressees. You may not be sure whether their contents may be changed, or be delivered to the right addresses. Moreover, if this is a process which should be undersigned legally, you may not resort to standard e-mails. Instead, legal notification and wet signature become more of an issue at this stage. Notifications and letters of warning being delivered by the mediation of notaries and via return receipt requested certified mail are used for this purpose.

The decisive point in the legal notifications is who is to know what, and when. REM, unlike the standard e-mail, is a system, having been developed for the purpose of constituting a legal proof with regard to the transmission and delivery of a message being composed electronically. REM services may be rendered in our country only by the Registered Electronic Mail Service Providers (REMSP) being respectively authorized by the Information and Communication Technologies Authority. It is broadly utilized in numerous countries worldwide.

Having the electronic mail system referred within the scope of the respective Regulations of our country for the first time in the year 2011 under New Turkish Commercial Law No.6102, it has been stipulated thereunder that, notifications and warnings between the merchants intended to put the other into default, to terminate the contract between each other, to withdraw from such a contract are to be made within the electronic environment via registered electronic mail system. In accordance with the Electronic Notification Regulation, having become applicable upon being published on Issue No.28533 of the Official Gazette, dated January 19th, 2013, Joint-Stock Companies, Limited Liability Companies, and Partnerships Limited by Shares have been obliged to possess REM addresses. Despite being an obligation having been obligated only to the corporations up to now, provision of REM addresses also to the company employees may enable the delivery of all sorts of legal notifications to these accounts via registered electronic mails. In this context, all notifications, which are to bear wet signature as a legal obligation, may be made by this way. The followings are the exemplary applications which may not only lighten the workload of the Human Resources, but also overcome the problematic processes between the Company and its employees, and may thereby avoid legal proceedings:

  • Undersigning of the Labor Contract
  • Undersigning of the Confidentiality Contract
  • Recording of the Orientation Training, Policies and Procedures
  • Recording the Occupational Health and Safety Trainings
  • Undersigning of the Payrolls and Pay Slips
  • Leave Forms and Vacation Book
  • Performance Forms and Performance Assessment Results
  • Wage Increase Notifications
  • Notifications with regard to Premiums, Gratuities, Bonuses, Side-Benefits
  • Warnings
  • Plea Demands
  • Termination Notifications
  • Letters of Warning
  • Letters of Reassignment
  • All other Legal Notifications

Completion of these processes via REM system will bring about significant gains, namely as follows:

  • Contribution to environmental protection, due to significantly reduced amount of paper use
  • Time and cost saving (from such expenses as paper, mail, courier, energy, etc.)
  • Delivery and reading guarantee
  • Archival guarantee
  • Avoidance of any change in the content of the post
  • Legal proof
  • Compliance with the notification law, along with various regulations
  • Avoidance of problematic termination processes
  • Reduction in the number of reemployment lawsuits
  • Acceleration in the reemployment lawsuit proceedings
  • Reduction of the disputes likely to arise between the personnel and the employer

REM is one of the requisites of the information age. Each and every step being taken in the information societies towards timely access to exact information simplifies the lives of the individuals. Such applications as Registered Electronic Mail, Electronic Signature, E-Invoice, E-Book, E-Audit require us to become the parts of the E-Transformation process to change our business methods completely. At this point, you are to establish your corporate e-identity, and to integrate your system with various environments. You may start up by developing a participatory vision, comprising your organization-wide e-transformation process as a whole, instead of adopting an attitude, seeing all your Company and your employees as REM address users.

Selim T. Akdağ

CEO Boss Governance Inc.

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