{"id":7143,"date":"2026-06-01T10:00:00","date_gmt":"2026-06-01T07:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=7143"},"modified":"2026-06-04T13:27:28","modified_gmt":"2026-06-04T10:27:28","slug":"isverenin-esit-davranma-yukumlulugu","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/isverenin-esit-davranma-yukumlulugu\/","title":{"rendered":"Employer's Obligation to Treat Employees Equally"},"content":{"rendered":"
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Employer's Obligation to Treat Employees Equally | Lawyer in Izmir<\/strong><\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Principle of equal treatment Labor Law No. 4857<\/a>This 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.".<\/p>\n\n\n\n

\u2022 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.<\/p>\n\n\n\n

\u2022 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.<\/p>\n\n\n\n

\u2022 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.<\/p>\n\n\n\n

Breach of Employer's Obligation to Treat Employees Equally:<\/h2>\n\n\n\n

E\u015fit davranma ilkesinin ihlalini \u00f6ne s\u00fcren ve bunu kan\u0131tlayan i\u015f\u00e7i yasal bak\u0131mdan korunmu\u015ftur. \u0130\u015f ili\u015fkisinde veya sona ermesinde yukar\u0131daki f\u0131kra h\u00fck\u00fcmlerine ayk\u0131r\u0131 davran\u0131ld\u0131\u011f\u0131nda i\u015f\u00e7i, d\u00f6rt aya kadar \u00fccreti tutar\u0131ndaki uygun bir tazminattan ba\u015fka, yoksun b\u0131rak\u0131ld\u0131\u011f\u0131 haklar\u0131n\u0131 da talep edebilir. S\u00f6z konusu f\u0131kra metni emredici nitelikte oldu\u011fundan, an\u0131lan h\u00fckme ayk\u0131r\u0131 olan s\u00f6zle\u015fme kurallar\u0131 ge\u00e7ersizdir. <\/p>\n\n\n\n

In short, the sanctions can be listed as follows:<\/p>\n\n\n\n