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.