Turkish Labor Law
Related Articles
Turkey is a party to many international agreements and conventions, some of which have precedence over domestic laws, aimed at struggling against discrimination between people as regard to religion, sect, race, color, age or sex, and such grounds.
Firstly, Article 10 of Constitution sets forth the general framework of “Equality Before the Law” and reads as follows;
“Everyone is equal before the law without distinction as to language, race, color, sex, political opinion, philosophical belief, religion and sect, or any such grounds …
No privilege shall be granted to any individual, family, group or class. State organs and administrative authorities are obliged to act in compliance with the principle of equality before the law in all their proceedings.”
PRINCIPLE OF EQUAL TREATMENT IN LABOR LAW
Equal treatment in employment and occupation is a main component of equity in general and arranged in Article 5 of Labor Law No. 4857 which stipulates the employer’s obligation of equal treatment to employees.
– No discrimination based on language, race, sex, political opinion, philosophical belief, religion and sex or similar reasons is permissible in the employment relationship,
– Unless there are essential reasons for differential treatment, the employer must not make any discrimination between a full-time and a part-time employee, or an employee working under a fixed-term employment contract and one working under an open-ended employment contract,
– Except for biological reasons or reasons related to the nature of the job, the employer must not make any discrimination, either directly or indirectly, against an employee in the conclusion, conditions, execution and termination of his/her employment contract due to the employee’s sex or maternity,
– Differential remuneration for similar jobs or for work of equal value due to employee’s gender is not permissible,
– Application of special protective provisions due to the employee’s sex shall not justify paying him (her) a lower wage,
COMPENSATION FOR NONCOMPLIANCE
If the employer violates the principal of equal treatment in the execution or termination of the employment relationship, the employee may demand compensation up to four months’ wages plus other claims of which he/she has been deprived. Article 31 of the Trade Unions Act is reserved.
Burden of Proof in regard to the violation of the above stated provisions by the employer rests on the employee. The provisions of Article 20 are reserved.
However, if the employee shows a strong likelihood of such a violation, the burden of proof that the alleged violation has not materialized shall rest on the employer.
PENAL SANCTIONS FOR DISCRIMINATORY BEHAVIOR
As we have seen above, Turkish Constitution and Labor Law prohibits the discrimination between employees, moreover the Penal Code Nr. 5237 criminalizes the “Discriminatory Behavior” and sets forth penalty of imprisonment for such behavior in Article 122.
“ARTICLE 122-(1) Any person who makes discrimination between individuals because of their racial, lingual, religious, sexual, political, philosophical belief or opinion, or for being supporters of different sects and therefore;
a) Prevents sale, transfer of movable or immovable property, or performance of a service, or benefiting from a service, or bounds employment or unemployment of a person to above listed reasons,
b) Refuses to deliver nutriments or to render a public service,
c) Refuses employment,
d) Prevents a person to perform an ordinary economical activity,
is sentenced to imprisonment from one year to three years.”
If an employer who employs someone or refuse to employ someone for reasons based upon the above said discriminative grounds he/she may be liable to imprisonment from one year to three years.
-
No discrimination based on language, race, sex, political opinion, philosophical belief, religion and sex or similar reasons is permissible in the employment relationship,
-
Unless there are essential reasons for differential treatment, the employer must not make any discrimination between a full-time and a part-time employee, or an employee working under a fixed-term employment contract and one working under an open-ended employment contract,
-
Except for biological reasons or reasons related to the nature of the job, the employer must not make any discrimination , either directly or indirectly, against an employee in the conclusion, conditions, execution and termination of his/her employment contract due to the employee’s sex or maternity,
-
Differential remuneration for similar jobs or for work of equal value due to employee’s gender is not permissible,
-
Application of special protective provisions due to the employee’s sex shall not justify paying him (her) a lower wage,
