This summary of age discrimination law in Turkey has been prepared by Bener Law Office, the Ius Laboris member for Turkey: https://bener.com/

Overview

The Labour Code prohibits employers from discriminating in the employment relationship on grounds of:

o   sex;

o   race;

o   colour;

o   disability;

o   language;

o   political opinion;

o   philosophical belief;

o   religion; or

o   similar reasons (these are not defined but may include grounds such as age).

The prohibition of discrimination on the above grounds applies to all aspects of the employment relationship, including pay, employment conditions, promotion, access to training and termination of employment. However, the Labour Code does not apply to discrimination against job applicants in the recruitment and selection process.

o   similar reasons (these are not defined but may include grounds such as age).

The prohibition of discrimination on the above grounds applies to all aspects of the employment relationship, including pay, employment conditions, promotion, access to training and termination of employment. However, the Labour Code does not apply to discrimination against job applicants in the recruitment and selection process.

Beyond the international treaties entered into by Turkey, such as the “Convention on the Elimination of all Forms of Discrimination towards Women,” any kind of discrimination during the recruitment process is prohibited. In addition, pursuant to the related provision in Turkish Criminal Law, any discrimination during the recruitment of employees is a criminal offense. Turkey is also party to convention III, Discrimination (Employment and Occupation) convention, 1958 of the ILO which prohibits any discrimination, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction of social origin (which includes social characteristics such as ethnic groups/nationality/language, etc.) that has the effect of preventing equal opportunity or treatment in the workplace.

Because of Turkey’s relatively young population, there has been little need to regulate direct age discrimination against older employees. Nevertheless, the issue is touched upon. Indirect discrimination against employees who reach retirement age is regulated by virtue of the Labour Code and Constitution.

The "Law on Human Rights and Equality Institution of Turkey" provides additional protection against discrimination on the grounds contained in the Labour Code and the Law on People with Disabilities. In addition, it prohibits discrimination on the grounds of sect, ethnic origin, wealth, birth, marital status, health condition and age.

The Law on Human Rights and Equality Institution of Turkey is established by Turkey's Human Rights and Equality Institution, which carries out activities to prevent discrimination and protect human rights.

The Law on Human Rights and Equality Institution of Turkey contains certain statutory exceptions to the statutory prohibition of discrimination in the employment relationship. For example, age-based discrimination can be considered valid during the process of hiring and employment when age limits are established and applied due to the necessities of the service, provided that they are proportionate to the requirement and purpose. The measures to prevent child labor and safeguard the physical and mental health of children who have reached the age to participate in the workforce also constitute exceptions to age-related discrimination.

If an employer violates the provisions of the legislation on discrimination, the employer may incur compensation payment obligation, reinstatement obligation if necessary conditions are met, and administrative fines. Also, the criminal offence of discriminating by making a person's employment or non-employment dependent on their race, language, nationality, colour, sex, disability, political ideas, philosophical beliefs, or religion or sect is punishable by imprisonment for 1 to 3 years.