In the corporate firm that my sister is currently working, employees have lunch at the firm’s dining hall. During the month of Ramadan, the company closes the dining hall down and gives lunch allowances to employees who don’t fast so that they can have lunch outside of the office.
The firm does NOT give allowances to the workers who fast. My question is: ‘What are the legitimate rights of the workers who fast? What legal actions can they take?’
According to labor law no. 4857 article 5, which regulates equality in workplace, states that employers cannot discriminate workers based on language, race, gender, political view, philosophical belief, religion and sect etc. The foundation of the equality principle is taken from Article 10 of the Constitution.
Any discrimination against equality among workers in the workplace will be considered as an infringement of the labor law no. 4857 Article 5. No employer can discriminate against any of its workers without any objective reason. If there is an infringement of Article 5, the worker is entitled to legally request a compensation worth of 4 month salary. The employee must prove that the inequality exists based on documentation.
This compensation will not be an impediment for severance and termination pay.
Based on labor law no.99, the employer is required to pay 118 TL for each discriminated worker as an administrative penalty for the year 2013.