Labour Law Article 5: Discrimination based on gender, race, religion, language and political opinion is prohibited in the workplace.
Equal Pay Principle
- The same wage for men and women doing the same job
- There may be a performance-based difference (objective)
- Gender-based difference is a crime
Pregnant Worker Protection
- Pregnant worker is dismissed cannot be removed
- Maternity leave 16 weeks
- Post-breastfeeding leave (1 hour/day)
- Additional 6 months unpaid leave (upon request)
Sexual Harassment
- Sexual harassment at work is a crime (TCK article 105)
- Employee terminates for just cause (receives seniority)
- Employer liability (insufficient) injunction)
- Pecuniary damage
Proof
- Comparable person (same position, different wage)
- HR records
- Witness statements
- Correspondence
Supreme Court 9. HD
9. HD accepts that gender discrimination can be proven by "comparison method" and that the employer must prove the objective difference.
Labor law attorney is recommended.