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Can you sue your employer for unjust firing and discrimination in Turkey?

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    Can you sue your employer for unjust firing and discrimination in Turkey?

    No one, no matter where they live, should be discriminated against based on their beliefs, disabilities, race or gender. Some countries are more advanced regarding the matters of discrimination. The more west you go, people "usually" are more tolerant and their levels of ignorance will drop significantly. Although Turkey might have some internalized xenophobia, it has worker laws that will protect you incase you are treated unjustly. The Turkish Human Rights and Equality Institution (TİHEK) has levied an administrative penalty against a bank for breaching anti-discrimination laws. The bank had canceled the hiring of a woman who had successfully passed relevant exams, citing her pregnancy as the grounds for the cancellation.

    This incident unfolded when the applicant, who had not only aced a written exam but also been approved for employment during an interview, received an email from the bank stating her appointment to a branch in Bahçelievler, Istanbul. She was instructed to submit her documents to the branch within a week. During the document submission process, the applicant disclosed her pregnancy to the bank's human resources department. In response, the officer informed her that the situation would be reported to the authorities, and she would receive further instructions.

    Following this, the bank failed to maintain contact with the applicant. When she visited the designated branch, she was informed that her name was not on the recruitment list. On the same day, she received an email stating that "the appointment was invalid due to re-evaluation and necessity."

    The applicant lodged a complaint with TİHEK, alleging that she had faced gender discrimination due to her pregnancy.

    After a thorough examination of the case, TİHEK approached the bank and considered their defense, which was deemed unjustified. TİHEK concluded that the bank had violated the prohibition of discrimination and imposed an administrative fine of TL 89,571 ($3,230) on the bank in accordance with Turkish Human Rights and Equality Institution Law No. 6701.

    TİHEK's decision underscored that Article 10 of the Turkish Constitution guarantees equal rights for all and prohibits discrimination. It also referenced Article 6 of Law No. 6701, which stipulates that employers cannot reject employment applications on the basis of pregnancy, maternity, or child care. The decision ultimately determined that the bank had subjected the pregnant woman to disparate treatment without a valid and reasonable justification, thereby infringing upon her right to work without gender-based discrimination.

    The bank could not provide a valid and reasonable explanation for the cancellation of the appointment, and there was no evidence indicating that the applicant was unsuitable for the job qualifications. The decision established that the bank's actions constituted a clear violation of anti-discrimination laws, specifically the prohibition of direct gender-based discrimination in the realm of employment.

    so, its good to know that if your employer cant prove that they fired you for just reasons, the law will be on your side
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