Discrimination prohibition in Turkish Labor Law

In related to judicial terms, equality means that no matter what kind of ideas they have, people cannot be discriminated according to their religion, language, race, gender, political view, philosophical beliefs, sect or such. Judicial equality and justice are the basis and the aim of the state and society. It is impossible to think the justice without equality. The prohibition of discrimination that exists to constitute the justice is represented by the principle of equality. The principle of equality in labor law obliges the employer to treat all the employers who are in similar situation equally unless he or she has a logical and just reason. In that manner, discriminatory attitudes that the employers might be subjected to are forbidden.In working life, being subjected to discrimination should be taken as a violation of human rights. In fact, that issue is seen similar in the international arena. In this sense, international organizations such as United Nations, International Labor Organization or Council of Europe have issued various documents about the prevention of discrimination. Although the discrimination in occupational life is universally condemned, it still exists in the labor force market in the world. The discrimination in working life which can be occurred in different ways signifies treating people differently in related to personal features or independently from the coherence between the personal characteristics and requirements of the job.In related to its reasons, it is possible to analyze the discrimination in working life under six fundamental reasons such as race and ethnicity, age, gender and sexual preferences, religion and belief, being handicapped and xenophobia. The article 5 of Labor law numbered 4857 which regulates the working life in Turkey establishes the ?principle of equal treating?. Generally this article states that employers are forbidden to discriminate its employers directly and clearly in working relations and regulates the burden of proof privately in the case of assertion of discrimination. Also it constitutes judicial and criminal enforcements in order to implement the prohibition of discrimination properly.