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LABOR LAW

191

The behaviors of the employer should be compared within close

time intervals.

There should be a legal relationship between the employer and the

employee.

The employer should comply with the equal treatment principle as to

the hiring of an employee, field of management, fee applications, social

pay, usage of fundamental rights, and the termination of the employment

contract.

Violation of the “equal treatment principle” has both legal and punitive

sanctions. Pursuant to Article 5 of the Labor Law, if an employer violates

the equal treatment principle, an employee may demand compensation of

up to four months’ wages together with other claims which they have been

deprived of under Article 31 of the Trade Unions Law. The employee

bears the burden of proof under Article 20 of the Labor Law. However,

if the employee displays a strong proof of such a violation, the burden of

proof that the alleged violation has not been made can be shifted to the

employer.

According to Article 99/a of the Labor Law, if an employer violates

the duty to comply with the equal treatment principle, the employer can

be sanctioned with monetary fines and with imprisonment for from six

months to one year or with forensic monetary sanctions pursuant to Article

122 of the Turkish Penal Code.

In conclusion, the equal treatment doctrine is a constitutional

principle which must be adhered to at all times from the establishment

of the employment relationship until the termination of the employment

contract. The precedent decisions of the Supreme Court are in line with

the legislation in force.