Workplace discrimination in Turkey is strictly prohibited under national legislation and reinforced by international agreements ratified by the Republic of Turkey. Employers are legally obligated to provide an equal, respectful, and inclusive working environment free from prejudice based on gender, race, language, religion, disability, age, pregnancy, political opinion, or any personal status protected by law. Failure to uphold equality principles may result in labor court claims, administrative penalties, reputational damage, and criminal prosecution in aggravated cases.
At ER&GUN&ER Law Firm, we represent both employees and employers in claims involving discrimination in the workplace under Turkish law. Our English Speaking Turkish Lawyers advise on internal HR policies, equal pay audits, legal defense against unfounded allegations, and full litigation support before Turkish Labor Courts and the Turkish Human Rights and Equality Institution (TIHEK). As the best lawyer firm in Turkey for employment law, we bring clarity and protection to one of the most sensitive areas of labor relations.
Legal Basis for Anti-Discrimination in Turkey
Workplace equality is regulated by multiple legal instruments in Turkey. The two primary national sources are:
- Labor Law No. 4857 – Article 5: Guarantees equal treatment in employment relationships and prohibits discrimination in hiring, remuneration, promotion, and termination
- Law No. 6701 on the Turkish Human Rights and Equality Institution: Prohibits direct and indirect discrimination in employment and provides a complaint mechanism outside of court
In addition, Turkey is a party to several international agreements that reinforce non-discrimination obligations, including:
- International Labour Organization (ILO) Conventions Nos. 100, 111
- European Convention on Human Rights (Article 14)
- UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Our Turkish Law Firm ensures that all claims or defense strategies are built upon both domestic and international legal principles to maximize protection and enforceability.
Types of Workplace Discrimination Under Turkish Law
Discrimination may be direct—where an individual is treated less favorably than others in similar conditions—or indirect, where a neutral policy has disproportionate negative effect on a protected group. Common types of workplace discrimination include:
- Gender discrimination: Paying lower wages, denying promotion or maternity rights based on sex
- Religious discrimination: Penalizing for religious clothing, holidays or expression
- Racial/ethnic discrimination: Refusing to hire or unfairly disciplining based on race, language or origin
- Disability discrimination: Failing to provide workplace accessibility or reasonable accommodation
- Political opinion or union activity discrimination: Penalizing or terminating employees for political or union affiliations
Our English Speaking Turkish Lawyers assess the facts to determine whether the treatment qualifies as unlawful discrimination under Turkish labor law, and file formal complaints or defenses accordingly.
Legal Remedies for Discrimination Victims in Turkey
An employee who is discriminated against may pursue multiple remedies:
- File a complaint with the Turkish Human Rights and Equality Institution (TIHEK)
- Initiate a lawsuit before the Labor Court seeking compensation under Article 5 of Labor Law
- Request non-pecuniary damages for moral distress under Turkish Code of Obligations
- Seek reinstatement if terminated due to discrimination
- Request a court ruling nullifying the discriminatory act
TIHEK may impose administrative fines ranging from 2,000 to 40,000 TRY. Our Turkish Law Firm files discrimination lawsuits, prepares petitions, and submits evidence to both administrative and judicial bodies to ensure clients receive justice.
Employer Obligations and Preventive Compliance in the Workplace
To avoid exposure to discrimination claims, employers must implement internal mechanisms that promote equality and transparency. These include:
- Adopting a written anti-discrimination and diversity policy
- Including equal treatment clauses in employment contracts
- Ensuring transparency in recruitment, performance review, and promotion systems
- Providing training to HR personnel and managers on labor equality
- Establishing an internal grievance process for discrimination complaints
Our Turkish Law Firm reviews workplace documents, prepares updated policy handbooks, and provides staff training on workplace equality under Turkish compliance standards.
Burden of Proof in Discrimination Lawsuits
In discrimination cases under Turkish labor law, the burden of proof is partially reversed. According to Labor Law Article 5/3:
“If the employee shows strong indications that discrimination has occurred, the employer must prove otherwise.”
This means that employees do not need to prove full intent or detailed causation, only that differential treatment likely occurred. The employer must then demonstrate objective justification.
Our English Speaking Turkish Lawyers develop evidentiary strategies, prepare comparative personnel analyses, and submit written defenses structured to either establish or negate the discriminatory act based on documentary and witness evidence.
Key Judicial Precedents by Yargıtay (Court of Cassation)
Over the years, the Turkish Court of Cassation has developed a robust set of rulings on discrimination. Notable cases include:
- 9th Civil Chamber Decision 2021/33745: Employer liable for ignoring complaints of gender-based harassment by a manager
- 22nd Civil Chamber Decision 2018/14598: Termination based on pregnancy found unlawful, employer ordered to pay moral damages
- 9th Civil Chamber Decision 2020/4523: Employer failed to promote employee based on religious attire—violation of equality principle
We reference such case law in our petitions, build strong factual and legal parallels, and strengthen arguments with high court precedent language for maximum persuasiveness.
Internal Legal Resources
- Termination of Employment in Turkey
- Employment Contracts and Obligations
- Employee Rights and Protections in Turkey
- Workplace Accidents and Employer Duties
- KVKK and HR Compliance
FAQ: Workplace Discrimination and Employee Rights in Turkey
- Q1: What qualifies as workplace discrimination?
Any unfavorable treatment based on race, gender, religion, age, disability, or political views without objective justification. - Q2: Can I be fired for making a discrimination complaint?
No. Retaliation against complaints is itself a separate violation under Turkish labor law. - Q3: What is the statute of limitations for discrimination lawsuits?
5 years for compensation claims, shorter for reinstatement actions depending on notice date. - Q4: Can I file a claim without a lawyer?
Yes, but legal representation is strongly recommended due to evidence and procedure complexity. - Q5: What compensation can I claim?
Material and moral damages, reinstatement, and employer’s cost responsibility under Article 5. - Q6: Are foreign workers protected?
Yes. Equal treatment rules apply to all workers regardless of nationality or residency. - Q7: Is harassment the same as discrimination?
Often related. Harassment based on protected status qualifies as discrimination. - Q8: Can I complain to an authority outside of court?
Yes. The Turkish Human Rights and Equality Institution (TIHEK) reviews claims and can fine employers. - Q9: Can employers take disciplinary action during trial?
They may, but any retaliation can strengthen your case if it appears unjustified or excessive. - Q10: How can a Turkish Law Firm help?
We advise, draft complaints, represent in court or TIHEK, and help employers build compliant HR systems.
Protect or Defend Your Rights in Workplace Discrimination Cases with a Turkish Law Firm
Workplace discrimination claims require more than emotion—they require legal strength. Whether you are an employee seeking protection or an employer defending your policies, navigating the legal framework of employment equality law in Turkey demands experience, preparation, and strategic insight.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers provide end-to-end representation in all aspects of discrimination claims. As the best lawyer firm in Turkey for labor law and employee protection, we stand by your side in court, before regulators, and throughout internal compliance transformation.