The competition of the discrimination compensation provision with the malice and job security compensation provisions

The reflection of the 'principle of equality', guaranteed by Dam 10 of the Constitution, about working life was inevitable, and with the Dam 5 of the Labor Law "the principle of equal treatment", this principle was also emphasized in labor law. Accordingly, discrimination practices by the employer during the employment relationship or termination of employees will result in violation of the principle and will lead to discrimination compensation. However, in so far as practices of employer which resulted discrimination compensation during termination, the conditions of the employee's job security or not, and also the conditions of the compensation of malice or job security, cause the compensation of legal provisions to compete with each other. Under the circumstances, depending on type of competition, there are different results as a result of various possibilities, that's the biggest controversial areas of labor law literature. The main objective of this work is leading a new conceptual and systematic perspective to the discussion by taking the subject as the in 'competition of legal provisions' as it has not been done so far. Over the course of investigation, it is determined that only condition that will be necessary and sufficient for the competition of the legal provisions is the 'discrimination based termination of the labor contract' by taking into consideration the conditions of discrimination, malice and job security compensation. In this respect, in all cases where the discrimination compensation is brought to agenda while termination of labor contract, one of the competitions we have discussed in our study came into force in this connection, the scope of the competition is quite wide. After all, it's concluded that both competitions are cumulative by applying the interpretation methods of Turkish legal system in particular labor law, taking into consiredation the opinions on related literature with the Chancery & Constitutional Court decisions.