Disputes deu to discrimination against female employees in Turkish Labor Law

The understanding of equality between men and women has been shaped according to the physical and biological features of men and women, has turned into a social difference over time and has become a legitimate reason for inequality between the genders. In addition to the active role of women in working life, practices contrary to the principle of equality and prohibition of discrimination between women and men have also spread to working life. While negative practices regarding women employees are also a problem in many of the world states, women workers also require protective arrangements in international law. In our country, which is in the process of EU harmonization, there have been changes in this direction with international agreements in our legal legislation. The right to work is basic human rights and is a constitutional right. Women employees encounters many problems in working life due to its biological features, pregnancy, maternity or gender. It is also a requirement of the social state principle to prevent women employees at lower wages in comparison with man at the same seniority and in the job, to provide employment for women employees, and to take protective precautions regarding women's working conditions. In line with the regulations made in terms of women and international employees, legal regulations have been made in this direction in our country. Especially, accepting positive discrimination in favor of women in Clause 10 of the Constitution and making protective arrangements for women employees in the Labor Law is an important development in terms of women employees. In this study, the regulations in international treaties regarding women employees and the regulations in Labor Law No. 4857 are evaluated together; positive and negative aspects of legal regulations in working life were examined. Keywords: Gender Discrimination, Right to Work, Equity, Positive Discrimination