ADMINISTRATIVE FINES DUE TO DISCRIMINATION AND MOBBING AT WORKPLACE(JUNE 2016)

Turkey makes a great stride to struggle with discrimination and mobbing. The new Law on Turkey Human Rights and Equity Institution numbered 6701 (“Law”) has entered into force on 20.04.2016

The principle of equal treatment is applicable at all areas of law. Equity right protected under the Constitutional Law takes the meaning of principle of equal treatment under Labor Law numbered 4857. The mentioned principle, above all, imposes liability to employers not to act discriminatorily to employees unless rightful and objective reasons exist under Labor Law.

Definition of discrimination and restriction on discrimination has entered to legal area with new Law. Besides, “intimidation at workplace” is defined as the acts which performed purposely in order to disgust, disincline and freeze out the employee under new Law. Hence, a new era started in order to prevent discrimination and mobbing against the employees at workplace apart from the provisions regarding the principle of equal treatment under Labor Law.

All real persons and legal entities are allowed to apply to Institution of Turkey Human Rights & Equality and demand prevention of the acts which are contrary to human rights or restriction on discrimination due to breach of the aforementioned restrictions. Institution of Turkish Human Rights & Equality shall decide on whether the restriction of discrimination is violated if the application cannot be finalized via amicable settlement. In case of determination of a criminal act, the Institution shall file a criminal complaint accordingly.

With regard to new Law, administrative fine shall be imposed to real persons, legal antities, public institutions and establishments, professional organizations with public institution status due to breach of restriction on discrimination considering the effects and result of the breach, financial situation of infringer and aggravating effect of multiple discrimination. The administrative fines foreseen under the new Law are as follows:

• The ones who breach the restriction on discrimination shall be sentenced to administrative fines from 1000,00 TRL to 15.000,00 TRL,

• The ones who do not fulfill the requirements foreseen under Article 19 of Law within 30 days’ period, shall be sentenced to administrative fines between from 500,00 TRL. to 2000,00 TRL.,

In this context, all real persons and legal entities who suffer from breach of restriction on discrimination and mobbing are allowed to stop the acts of infringer via application to Institution of Turkey Human Rights & Equality and such infringers shall be sentenced to administrative fine pursuant to Law numbered 6701.