Master'sOpen Access

Discrimination to equal processing principles in Turkish labor law

2021
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Advisor: Doç. Dr. Recep Makas

Abstract (EN)

The 10th article of the Constitution includes regulations on the principle of equality. The regulated equality principle has two aspects. The first of these aspects is the prohibition of discrimination. In line with this prohibition, different transactions cannot be made among people based on reasons such as language, race, color, gender, religion, political opinion. It is argued that the second dimension of the principle is that people who are in the same or similar situation should not be treated differently unless a justified justification is provided. Therefore, all individuals are expected to be treated equally. This understanding is called equal transaction debt. This understanding, which suggests that those who are in a similar situation should be treated the same, states that people in different situations should be treated differently. In the Labor Law, the employer should behave in accordance with the prohibition of discrimination against employees and equal debt. The equal transaction debt arises with the establishment of a business relationship between the employer and the worker. In addition to all these, the employer has to act in accordance with the principle of equality when creating working conditions or exercising his right to management and in case of termination of employment contracts.

Author

Dr. Erdal Karaer

How to Cite

Erdal Karaer (Master Thesis). Discrimination to equal processing principles in Turkish labor law, 2021, Yalova University.

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