İş Kanunu Kapsaminda Ücretlendi̇rmede Ayrimciliğin Toplumsal Ci̇nsi̇yet Bakiş Açisi İle İncelenmesi̇

Abstract

Regulations regarding the equal treatment of the employer have been introduced in Labor Law No. 4857. One of the types of discrimination that constitutes the content of the principle of equal treatment is gender-based discrimination. This discrimination finds its basis in social prejudices, and these judgments are called the social construction of gender. Employers may discriminate on the basis of gender in recruitment, continuation and termination of employment. Discrimination during the continuity of the employment relationship can be seen as discrimination in wages among workers. Employers may apply different practices regarding remuneration among their employees. The condition for this is that this differentiation is based on objective reasons. The employer should act on objective criteria such as seniority, education and efficiency. Acts in the opposite direction are prohibited under the provisions of 5 of the Labor Law.