The principle of equal treatment at work
Labor Law No. 4857
Article 5 – (Additional: 6/2/2014-6518/57 Art.) No discrimination based on language, race, color, sex, disability, political opinion, philosophical belief, religion and sect and similar reasons shall be made in the employment relationship.
Unless there are substantial reasons, the employer may not treat a full-time employee differently from a part-time employee and an indefinite-term employee differently from a fixed-term employee.
Unless necessitated by biological reasons or reasons related to the nature of the work, the employer may not treat an employee differently, directly or indirectly, on the grounds of sex or pregnancy in the conclusion, conditions, application and termination of an employment contract.
Lower wages for work of the same or equal value may not be agreed on the grounds of sex.
The application of special protective provisions due to the sex of the worker does not justify the application of a lower wage.
In the event that the provisions of the above paragraph are violated in the employment relationship or its termination, the employee may claim his/her rights that he/she has been deprived of in addition to an appropriate compensation in the amount of up to four months’ wage. The provisions of Article 31 of the Trade Union Law No. 2821 are reserved.
Without prejudice to Article 20, the employee is obliged to prove that the employer has violated the provisions of the above paragraph. However, if the employee demonstrates a situation that strongly indicates the possibility of a violation, the employer shall be obliged to prove that such a violation does not exist.
Source: Labor Law No. 4857
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