23.01.2026 16:40
Prof. Dr. İştar Urhanoğlu stated that if the employer violates the obligation to treat employees equally, the employee may be entitled to compensation. Explaining the details of the practice, Urhanoğlu noted that in such a case, the employer is required to pay the employee discrimination compensation amounting to up to four months' salary.
Prof. Dr. İştar Urhanoğlu, Head of the Department of Labor and Social Security Law at Hacettepe University Faculty of Law, stated that the right to compensation arises for employees who are discriminated against by employers based on language, race, gender, political thought, philosophical belief, religion, and sect. The expert indicated that if the employer violates the obligation to treat employees equally, they will be required to pay discrimination compensation of up to four months' salary to the employee.
"NO DISCRIMINATION WHATSOEVER"
Urhanoğlu expressed that the principle of equality in labor law is not absolute but relative, stating, "This obligation applies to employees of the same or similar nature or situation. The employer may discriminate based on objective reasons such as the nature of the work performed by the employee, their expertise, education, and seniority, as well as subjective reasons such as diligence and talent. In contrast, the obligation not to discriminate based on reasons such as race, ethnicity, and gender is absolute. In such cases, no discrimination can occur at the time of hiring, during the employment relationship, or at the termination of the employment relationship." He noted that different practices arising from legal obligations do not constitute a violation of the obligation to treat equally, reminding that protective regulations for pregnant women and child and young workers fall within this scope.
"IT OCCURS IN COLLECTIVE PRACTICES"
Urhanoğlu stated that the existence of a worker community in the workplace is a prerequisite for the application of the employer's obligation to treat employees equally. He continued, "The employer's obligation to treat equally arises in the collective practices they implement in the workplace. When one or some employees are excluded from such practices, it can be said that the obligation to treat equally has been violated. The practices carried out by the employer in the workplace must also occur within the same time unit."
OTHER RIGHTS CAN ALSO BE CLAIMED
Urhanoğlu indicated that discrimination compensation is a special type of compensation that can be paid to the employee if the employer violates the obligation to treat equally, stating that this compensation can be determined up to the amount of four months' salary. He expressed that, in addition to discrimination compensation, the employee can also claim other rights they have been deprived of, saying, "Bonuses, social assistance, or general salary increases are also included in this scope." In his evaluation regarding legal bases, Urhanoğlu conveyed that the principle of equality is regulated as a general principle in Article 10 of the Constitution, while it is concretized in a manner specific to the employment relationship in Article 5 of the Labor Law. He reminded that discrimination based on language, race, gender, disability, religion, sect, and similar reasons is explicitly prohibited in the Labor Law.
WHICH SITUATIONS ARE CONSIDERED DISCRIMINATION IN PRACTICE?
Urhanoğlu stated that discrimination compensation can be claimed when actions contrary to the principle of equality occur in the employment relationship or its termination, saying, "The main reasons that may constitute a violation of the prohibition of discrimination are regulated as language, race, gender, political thought, philosophical belief, religion and sect, union reasons, pregnancy and childbirth, disability, part-time-full-time work, and differences between fixed-term and indefinite-term contracts."
He noted that the existence of the obligation to treat equally in the termination of the employment contract should be evaluated according to the specific case, emphasizing that if the employer cannot prove that the decision they made regarding the termination is not discriminatory, the termination should be considered contrary to the principle of equality.
Urhanoğlu stated, "The dismissal of a female employee due to her pregnancy, paying lower wages to union members among employees doing the same job, not granting social rights to fixed-term employees without objective reasons, promoting only one group of employees with the same seniority and position, and practices such as 'male candidates preferred' in recruitment can also be cited as examples of actions contrary to the prohibition of discrimination."
RIGHTS OF THE EMPLOYEE
Urhanoğlu stated that an employee who has been discriminated against can claim compensation of up to four months' salary, indicating that in cases of union-related discrimination, union compensation comes into play. He emphasized that in this case, discrimination compensation and union compensation cannot be claimed together.
He noted that the employee's net salary is taken as the basis for calculating discrimination compensation, stating, "Since discrimination compensation is up to four months' salary of the employee, the amount of compensation is determined by the judge according to the severity of the discrimination made by the employer, the employee's job and position in the workplace, and seniority, without exceeding the amount of four months' salary."
Urhanoğlu pointed out that the burden of proof that the employer has acted contrary to the obligation to treat equally lies with the employee, but if the employee presents a situation that strongly indicates the possibility of a violation, even if they cannot prove that the employer violated the obligation to treat equally, the employer must prove that such a violation does not exist.
Emphasizing that the current system is theoretically protective but only limitedly deterrent in practice, Urhanoğlu commented that the four-month salary limit is not particularly deterrent for large employers, suggesting that establishing a lower limit, increasing the upper limit, and evaluating it together with moral compensation would be more effective.
Urhanoğlu stated that discrimination compensation is a guarantee of the principle of equality in labor law, saying, "In its current form, it cannot be said that it strongly deters employers and sufficiently protects employees. We believe that addressing the problems in practice will be possible through strengthening judicial precedents and developing legal regulations."