Employer's Obligation to Treat Employees Equally

Employer's Obligation to Treat Employees Equally | Lawyer in Izmir

What is the Employer's Obligation of Equal Treatment? The Labor Law imposes many obligations on both employees and employers. The purpose of these obligations is to ensure the continuation of the employment relationship and to protect the rights and interests of both parties. One of these, the principle of equal treatment, is valid in all areas of law and, in the context of Labor Law, obligates the employer not to discriminate among employees in the workplace regarding issues such as wages, working hours, religious beliefs, disability status, and political views.

Labor Law is a branch of law born from the need to protect economically weaker and more vulnerable workers against the arbitrary actions of more powerful employers. This protection is closely related to employers' obligation to treat their employees equally and not discriminate, thereby implementing the principle of equality. As a general legal principle, the principle of equality also imposes on employers, within the context of Labor Law, the obligation not to treat employees differently in the workplace unless there is a just and objective reason. This fundamental principle is concretized in the field of Labor Law as the principle of equal treatment and equal treatment, an institution that limits and shapes the employer's managerial authority.

Principle of equal treatment Labor Law No. 4857This is regulated in Article 5. This article defines the obligation of equal treatment as follows: "In employment relationships, discrimination based on language, race, color, gender, disability, political opinion, philosophical belief, religion and sect, and similar reasons is prohibited.".

• According to the article, unless there are substantial reasons, the employer cannot treat part-time employees differently from full-time employees, or fixed-term employees differently from indefinite-term employees.

• Unless biological or job-related reasons necessitate it, an employer cannot directly or indirectly discriminate against an employee based on gender or pregnancy in the conclusion, formation, implementation, and termination of an employment contract.

• Lower wages cannot be agreed upon for the same or equivalent work due to gender. The application of special protective provisions due to the worker's gender does not justify the application of lower wages. It is possible to give more examples, and evaluation should be based on the specific circumstances of the case.

Breach of Employer's Obligation to Treat Employees Equally:

An employee who alleges and proves a violation of the principle of equal treatment is legally protected. If the provisions of the above paragraph are violated during or at the termination of the employment relationship, the employee may claim, in addition to appropriate compensation up to the amount of four months' wages, the rights they have been deprived of. Since the text of the paragraph in question is mandatory, contractual provisions that contradict this provision are invalid. As can be seen, the burden of proof rests with the employee who believes they have been discriminated against.

In short, the sanctions can be listed as follows:

• They can claim the rights they have been deprived of.,
• A valid reason for termination arises for the employee.,
• The worker is entitled to the compensation stipulated in this article (compensation equivalent to up to 4 months' wages).
• According to Article 99/a of the Labor Law, an administrative fine of one for each employee is imposed on the employer or employer's representative who acts contrary to the principles and obligations stipulated in Article 5 of this Law.

What are the necessary conditions for the application of the principle of equal treatment?

The principle of equal treatment is a responsibility that cannot be applied in every workplace and in every situation. Certain elements must be present for the principle of equal treatment to be applicable. As stated in Supreme Court decisions, for the principle of equal treatment to be applicable:;

• The workers being employees of the same workplace,
• Having a community in the workplace,
• The existence of a collective practice,
• Being united in time,
• The workers must be employed under an employment contract.

Exception to the Employer's Obligation to Treat Employees Equally:

Since the exception to this obligation may vary depending on the nature of the work, each case must be examined individually. For example, an employer paying less to an employee performing strenuous work will not constitute a violation of the duty of equal treatment. Similarly, flexible working hours provided to a pregnant employee will not create a claim for similar treatment from other employees. If we look at the Supreme Court's precedent regarding this matter:

When we examine some of the Supreme Court decisions, we see that in certain situations, the employer's obligation to treat employees equally has been mentioned, but it has been emphasized that this obligation does not exist "unless there are substantial reasons" and "unless biological or job-related reasons necessitate it" (Supreme Court 9th Civil Chamber, July 25, 2008, Case No. 2008/27310 E, Decision No. 2008/22095 K).

YSupreme Court 9th Civil Chamber, December 2, 2009, Case No. 2009/33837 E, Decision No. 2009/32939 K:
‘"If there are objective reasons for an employer to apply different practices among employees, there can be no talk of a violation of the obligation of equal treatment.".

In its ruling numbered 2016/24041 E. 2017/15069 K., the 9th Civil Chamber of the Supreme Court of Appeals stated:;

Unless there are objective reasons justifying differential treatment, workers in the same situation must be treated equally. In short, no distinction should be made between workers in the same situation. If wages are paid according to a predetermined basis regardless of the workers' personal qualifications, then workers assigned to that task must be paid the wage stipulated according to that predetermined basis. Excluding some workers of the same qualifications from protective provisions is inconsistent with both the principle of equality in the Constitution and the fundamental rule in Article 5 of the Labor Law No. 4857.

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