Employers seeking presentable employees may be JAILED 

General Manager of Human Resources Company Datassist, Ayşe Uça, stated that, the New Turkish Criminal code contains very heavy articles concerning the employers. Uça said that "If a person who was not offered employment because he [or she] was not deemed 'presentable' applies to judicial authorities with proof, this may result in the imprisonment of the employer".

Uça stated that the new law brings heavy burdens for employers who discriminate, "using the term 'presentable' in job advertisements, identifying university names like ODTÜ, Bosporus is considered to be discriminatory. It has become very tough to select and place employees. Candidates who can prove they have been subject to discrimination may request substantial amounts of indemnity".

Uça said "According to the new Criminal code, an employer who employs or, does not employ, a person because of differences of religion, language, race, gender, is punishable with 6 months to a year in prison. The new Criminal code is based on not discriminating at the workplace. However, the concepts are not clear. An employer who is recruiting may find himself facing hardship with these laws. Employment, in general, may be effected negatively. All these applications are drawing employment to unregulated environments".

Uça continued: "Turkey will lose its competitive advantage with these laws. Most of the companies are not aware of their responsibilities. For example, if a person who came to a company to apply for a job [later] applies to the courts and states that 'I was not accepted because I am Kurdish', all recruitment procedures of this company dating back in time will have to be inspected. Burden of proof will change greatly. A person with the intention of receiving an indemnity may do this very easily. The job advertisements will have to get in to a norm as soon as possible.

According to the new TCK (Turkish Criminal Code) "discrimination" is a crime

The issue of ending discrimination during recruitment came into our lives with law number 4857 of the labor law, and brought certain restrictions to recruitment. Article number 122 of the new Turkish Criminal Code titled 'discrimination' sanctions the issue of punishment for those who act against this law. Uça stated that, with the new TCK, looking for certain qualities in candidates during employee recruitment by the employer may be considered blameworthy acts. Uça also reminded that the boundaries of the rights of already employed persons have been broadened with this law, and listed some topics:

Job advertisements may not say 'looking for presentable female employee' or 'ODTÜ, Bosporus University graduates may apply'

For the first time sexual harassment has took place in codes. In the case of, position or authority being forced upon during harassment, the punishment is increased two fold.

The responsibility of the employer in the case of an accident at the work place has been increased. If necessary precautions were not taken, punishment by imprisonment may be sanctioned.

No actions against disabled employees will be carried out during any of the stages of recruitment.

In article 102 describing the offense "sexual assault", the punishment for this offense is sanctioned as "2 to 7 years", if this offense is committed using the employment relationship, the increase of the punishment by the ratio of half is taken into effect.

In the same way, increased punishment for offenses such as sexual exploiting and sexual harassment during employment are envisaged in the law.

In the section "offenses against freedom", obstruction of freedom of employment or freedom of work and obstruction of the use of union rights are indicated separately, punishment in the condition of the infringement of these mentioned rights are clearly indicated. In this case; Article 117 states that, a person obstructing freedom of employment or freedom of work may be punished with imprisonment from 6 months up to 2 years.

Another regulation in the same article indicates that if a person in desperation is made to work without pay, or made to work with un-proportionally low pay in relation to work performed, or forcing this person to work in inadequate conditions, is punishable by imprisonment from 6 months up to 3 years.