{"id":7143,"date":"2022-01-20T09:00:00","date_gmt":"2022-01-20T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=7143"},"modified":"2022-01-28T17:05:50","modified_gmt":"2022-01-28T14:05:50","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":"
\"\u0130\u015fverenin<\/figure><\/div>\n\n\n\n

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

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

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