For businesses operating in Antalya, email communication is an integral part of daily business life. It serves many functions, such as negotiating contracts, making agreements, giving instructions, and sharing important information. However, when labor disputes arise, whether these email records can be used as evidence and how strong evidence they will constitute becomes an important question. As Atty. Arb. Billur Güler Aslım Law Firm, we will discuss in detail the evidentiary value of email records in labor disputes in Antalya and what to consider in this regard.
Acceptance of Email Records as Evidence
In the Turkish Legal System, the acceptance and evaluation of evidence is subject to various legislative provisions, primarily the Turkish Civil Code (TMK), the Turkish Code of Obligations (TBK), and the Code of Civil Procedure (HMK). E-mail records are accepted as written evidence within the scope of Article 190 of the HMK. However, the validity and evidentiary power of written evidence is directly related to the accuracy and reliability of its content. Therefore, certain conditions must be met in order for e-mail records to be used as evidence in labor disputes.
Proof of Originality and Accuracy of Email
The authenticity and accuracy of the email is the most important condition for it to be accepted as evidence. This requires proving that the email was actually sent by the person the sender claims to be and that its content has not been altered. This proof can be achieved through technical methods such as electronic signature, IP address detection, and detection of sending and receiving times. Especially in large businesses, it is of great importance for the evidentiary value of emails that the necessary precautions are taken to ensure the security of email systems and prevent possible fraud.
The Content of the Email Should Be Clear and Understandable
It is also important for the content of the email to be understandable and clear in order to be accepted as evidence. Emails that contain vague, ambiguous or contradictory statements may have weak evidentiary power. In addition, the context of the email should be taken into account. The content of the email should be directly related to the relevant dispute and contribute to the resolution of the dispute. Evaluating the entire email exchange, not just the content of the email, provides a more comprehensive assessment.
Evaluation of Email in Terms of Privacy and Personal Data Protection
The use of e-mail records as evidence must also comply with the principles of confidentiality and personal data protection. The processing and protection of personal data is regulated in the Personal Data Protection Law No. 6698. If the e-mails used in the dispute contain personal data, there must be a legal basis for the processing of this data and the consent of the relevant persons must be obtained. E-mail records obtained illegally cannot be accepted as evidence.
Factors Affecting the Evidential Strength of Email Records
The evidentiary strength of e-mail records can vary depending on many factors. These factors include: * The ability to verify the identity of the sender of the e-mail, * The clarity and understandability of the content of the e-mail, * The context of the e-mail and its relevance to the relevant dispute, * The reliability of the e-mail and proof that it has not been altered, * The compatibility of the e-mail with other evidence .
Evaluating Email Records Along with Other Evidence
Email records are often evaluated together with other evidence. For example, when email records are supported by contract texts, witness statements or other written documents, the evidentiary power increases. By evaluating all the evidence together, it is determined how the dispute actually developed and what the parties' responsibilities are.
How Can You Use Email Records in Labor Disputes in Antalya?
In order to use e-mail records effectively in labor disputes, it is important to pay attention to the following points: * Regularly backing up e-mail traffic, * Safely storing and protecting e-mails, * The content of e-mails should be clear, understandable and evidentiary, * E-mails should be directly related to the relevant dispute, * Seek legal advice when necessary. E-mail records can be an important source of evidence in labor disputes in Antalya. However, in order for e-mail records to be accepted as evidence and to have high evidentiary power, the conditions stated above must be met. Working with a legal expert in this regard will ensure that your e-mail records are used most effectively in the dispute. As Atty. Arb. Billur Güler Aslım Law Firm, we would be happy to provide you with professional legal support regarding the use of e-mail records in labor disputes in Antalya. Please do not hesitate to contact us.