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Gender Equality in Employment in Turkish Legislation with Comparisons to EU and International Law

As a candidate for membership of the European Union (EU), Turkey has to harmonize its existing legislation with the EU requirements for gender equality in employment. Also the amended Turkish Constitution states that where a conflict between ratified international treaties and domestic law exists, international treaties shall prevail. These treaties are binding upon the legislative, executive, and

Human Trafficking and Forced Labour : A Criticism of the International Labour Organisation

PurposeDuring the last ten years, the International Labour Organisation (ILO), and some other international organizations, have increasingly addressed human trafficking from a “forced labour” perspective. The purpose of this paper is to clarify the terminology in relation to human trafficking and forced labour, to highlight the links between them, and to provide a critique of the ILO approach. It

Child Pornography and Prostitution : is This Crime or Work That Should Be Regulated?

PurposeThe International Labour Organisation (ILO) adopted a new Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) in 1999. The aim of this paper is to analyse the United Nations (UN), ILO, Council of Europe (COE) instruments related to child exploitation and discuss whether child pornography and prostitution are economic cr

Protection of Women Employees Before and After Childbirth in Turkish Employment Law

Turkey has recently been undergoing a period in which the laws have been changing rapidly to adapt legislation to European Union (EU) directives and International Labour Organization (ILO) standards. In this respect, the Employment Act, No. 4857/2003, attempted to introduce provisions parallel to EU regulations on the protection of employees who are pregnant, have just given birth or are breastfee

Unfair Dismissal in Turkish Employment Law

Under the previous Employment Act No. 1475 employers had the right to dismiss any employee as they saw fit and there was no reinstatement for unfair or unjustified dismissal. However in the context of the national policy of harmonization with the European Union, the Turkish government introduced a new Act on job security (No. 4773). Then a new Employment Act (No. 4857), which included job security

Sexual Harassment in the Workplace in Relation to EC Legislation

The first part of the article is an outline of the nature of sexual harassment, its extent and the growing awareness of it. The second part considers why there was a need for a community initiative and looks at the extent of sexual harassment in the Member States, the consequences of sexual harassment, legal remedies and the impact it has on the community's principles, including health and safety