1- WHAT ARE THE PRINCIPLES OF EQUAL TREATMENT ACCORDING TO ARTICLE 5 OF THE LABOR LAW NO.4857 IN TURKEY?
The employer cannot make any discrimination between the employees because of their agreement types, working hours, except for essential reasons for different treatment. (In accordance with article 5 of the Labor Law)
No discrimination based on;
–Religion and denomination,
is permissible in the business relationship.
-With the exception of reasons related to the nature of the job, the employer cannot make any discrimination even if labor agreements of the employees are different. (For example, the employer cannot make any difference between full-time employee and part-time employee.)
-Different salaries for similar jobs/works of equal value are not permissible.
–Employer cannot put on protective covenants because of employee’s sex.
2- WHAT IS THE PENALTY OF EMPLOYER’S BIASED BEHAVIOR?
If the employer violates principle of equal treatment;
– The employee has to proof that violation of principle of equal treatment.
– On condition of the proof of such a violation, the employee has right to demand compensation up to his/her 4 months’ salary. On the other hand, he/she may demand other claims of which he/she has been deprived.
Source: article 5 of Labor Law No.4857
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