What protection do LGBTQ individuals have against workplace discrimination in Turkey?
Currently, the issue of LGBTQ rights is a topic that is finding its place on the agenda in Turkey. It is an area to which employers should pay attention, while ensuring they fulfil their legal obligations.
Some of the key issues under Turkish law are explained below.
Under the Turkish Constitution and Turkish Labour Law, no discrimination based on language, race, colour, gender, disability, political thought, philosophical belief, religion, sect and similar reasons is allowed in the employment relationship. Although this provision does not specifically mention LGBTQ or sexual preference or identity, as the law refers to ‘similar reasons', discrimination on the grounds of LGBTQ identity is deemed to be within the scope of this provision.
Additionally, employers must not directly or indirectly discriminate against an employee in the conclusion, conditions, execution and termination of the employment contract on the grounds of the employee's gender or maternity (except for biological reasons or reasons related to the nature of the job). Different remuneration for similar jobs or for work of equal value based on gender is not permitted. The fact that special protective provisions apply because of an employee's gender cannot justify paying him or her a lower wage. We are of the opinion that discrimination based on being LGBTQ will also be deemed to be within the scope of this prohibition.
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