discrimination – Muhasebe News https://www.muhasebenews.com Muhasebe News Mon, 08 Apr 2019 07:45:20 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.4 The Principle of Equal Treatment According to Article 5 of the Labor Law No.4857 in Turkey https://www.muhasebenews.com/en/the-principle-of-equal-treatment-according-to-article-5-of-the-labor-law-no-4857-in-turkey/ https://www.muhasebenews.com/en/the-principle-of-equal-treatment-according-to-article-5-of-the-labor-law-no-4857-in-turkey/#respond Mon, 08 Apr 2019 16:26:03 +0000 https://www.muhasebenews.com/?p=12168 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;
–Language,
–Race,
–Color,
–Sex,
–Disability,
–Religion and denomination,
–Political thought,
–Philosophical view,
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

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

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Those Who Will Become Subject to The Labor Law After Getting Foreigner Work Permit, Attention!!! https://www.muhasebenews.com/en/those-who-will-become-subject-to-the-labor-law-after-getting-foreigner-work-permit-attention/ https://www.muhasebenews.com/en/those-who-will-become-subject-to-the-labor-law-after-getting-foreigner-work-permit-attention/#respond Fri, 22 Sep 2017 11:00:01 +0000 https://www.muhasebenews.com/?p=22322 The important matters and information for foreigners who obtained work permit and will be subject to Labor Law;

1- No discrimination based on language, race, sex, political opinion, philosophical belief, religion and sex or similar reasons is permissible in the employment relationship.
2- A lower wage for similar jobs or for work of equal value due to the employee’s sex is not permissible.
3-
 No one can be forced to do labor. Angary is prohobited. “Angary”, is when a person is forced to work without getting paid for it.
4- Written form is required for employment contracts with a fixed duration of one year or more.
5- Employment contract is prepared as 2 copies and signed by employer and employee, the signed copy is given to employee.
6- In case there is no written contract, the employer is obligated to give the employee a written document with the general and special work conditions in 2 months at the latest.
7- If there’s a probation period for the employment contract, it can be 2 months at most.
8-
 However probation periods can be extended upto 4 months with collective labor agreements.
9-
 Employees have to be declared as insured to the Social Security Institute (SSI) by the employer at least 1 day before they start working. (in constructure, agriculture and fishing the deadline is the day they start working)
10- Employers need to insure all of their employees.
11- It’s prohibited to employ children who have not turned 14. However, children who have turned 14 and completed their obligatory primary education can be employed in light duty.
12-
 In Labor Law, work hours can not exceed 45 hours in a week. Any work done over 45 hours is deemed over work.
13- Night work (work between the hours 20:00-06:00) can’t last more than 7,5 hours.
14- Day work can’t last longer than 11 hours.
15- Children who have completed their 14 years of age, have not turned 15 and have completed primary education can’t work over than 7 hours a day and more than 35 hours in a week.
16- For young employees who have turned 15 but have not turned 18, this time limit can be increased upto 8 hours in a day and 40 hours in a week.
17- Overtime work can not exceed 270 hours in a year.
18- It’s obligatory to have the consent of an employee for overtime work.

Source: Ministry of Labor and Social Security

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

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