As a result of the devestating earthquake disaster on 6 February 2023; since very heavy destructions occurred in Adana, Adıyaman, Diyarbakır, Gaziantep, Hatay, Kahramanmaraş, Kilis, Malatya, Osmaniye and Şanlıurfa provinces, the people of the region were forced to move to the surrounding provinces. After the earthquake, some of the houses were damaged and became uninhabitable, and the residents of the undamaged buildings left their houses due to the fear of recurrence of the earthquake. In addition to personal residences, people living in the region lost their jobs as well as their homes due to the damage to many workplaces, institutions and organizations in the private and public sectors. For all these reasons, the areas affected by the earthquake started to be abandoned. In settled areas, new job opportunities are needed for people to continue their lives.
The right to work is a basic human right that guarantees a job that everyone desires and an income that protects human dignity. The Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights states that everyone has the right to choose their job and to work in just and favorable conditions. Article 48 of the Constitution of the Republic of Türkiye regulated that everyone has the freedom to work and conclude contracts in the field of his/her choice.
Many companies and public institutions are making significant efforts for people who are unemployed due to the earthquake disaster in Türkiye to ensure their participation in working life as soon as possible by creating employment projects. Despite all these efforts, it is seen that some people and institutions have made statements about not employing the earthquake victims in the provinces where they had to move. Ensuring the re-joining in business life of people who have lost their current jobs due to disasters is one of the issues that should be dealt with as a priority in the context of the right to work. Practices to the contrary constitute a violation of human rights and the principle of equality. Preventing the employment of individuals on the grounds that they are earthquake victims will result in a violation of the right to work.
In the first paragraph of the 6th article titled “Employment and self-employment” of the Law No. 6701 on Human Rights and Equality Institution of Türkiye; discrimination based on sex, race, color, language, religion, belief, sect, philosophical and political opinion, ethnic origin, wealth, birth, marital status, health status, disability and age, listed in Article 3 of Law, is prohibited in process of getting information, application, section criteria, hiring criteria, working and termination of the employment and all work-related processes
It is regulated in the second paragraph of Article 6 of the Law No. 6701 that the prohibition of discrimination will also cover vacancy announcements, work place, working conditions, access to all levels and kinds of occupational guidance, occupational training and retraining, promotion and access to all levels of professional hierarchy, in-service training, social benefits and similar issues. In addition, it has been regulated that there shall be no discrimination in terms of admission into, licence, registration, discipline and similar issues of self-employment, this article also covers all kinds of contracts of work and performance not falling into the scope of the Labour Law dated 22/5/2003 and no 4857.
In line with the aforementioned provisions, there have been various applications made to our Institution regarding employment and self-employment, application, selection criteria, recruitment conditions, working and termination processes, or ex officio examinations carried out by our Institution so far, both in the private sector and in the public sector. With its decisions numbered 2018/97, 2022/436, 2022/655, our Institution examined the discrimination allegations regarding the employment process and decided to impose an administrative fine on the relevant institutions and organizations due to the discriminatory treatment they inflicted on individuals in this process.
In this context, in accordance with Law No. 6701, earthquake victims should not be discriminated against in any of the work-related processes. In the context of the right to work, providing all kinds of support to people coming from earthquake zones in their employment process and not being subjected to any discriminatory treatment are important issues that should be taken into account by authorized persons. Our Institution will follow all these processes in cooperation with public institutions and organizations, non-governmental organizations and other stakeholders.
Respectfully announced to the public.