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Miraç Özdemir
Employment Compensation & Termination

Discrimination and Equal-Treatment Compensation

Calculate discrimination compensation of up to four months' pay under the equal-treatment rule of the Labour Act, with the statutory maximum and deprived rights.

Version 2

Things to keep in mind:

  • The number of months is at the court's discretion; the tool does not guarantee four months, it only calculates within the legal limit.
  • Which benefits form part of the wage (the "dressed" wage) depends on the case; the wage at the date of claim is used.
  • Amounts are gross; income tax, stamp duty, interest and legal costs are not included.
  • Proof of discrimination and the burden of proof are not assessed; seek legal advice.

Calculator

Compensation Details

TRY

Monthly gross pay used by the court (TRY). Under Labour Act art. 21/4 the wage at the date of the claim is used; regular benefits (the "dressed" wage) are included where applicable.

Number of months of pay the court awards. The Act provides "appropriate compensation up to four months' pay"; enter between 0.01 and 4.

TRY

Total pay difference and other rights lost due to the discrimination (TRY). It can be claimed in addition to compensation; 0 if none.

After the first calculation, the result updates automatically when you change a value.

Result

Enter the values and press Calculate to see the result here.

About this tool

Article 5 of the Labour Act (No. 4857) prohibits discrimination in employment on grounds such as language, race, colour, sex, disability, political opinion or religion. If this principle is breached during or at the end of employment, the employee may claim appropriate compensation of up to four months' pay plus the rights they were deprived of.

Formulas

  • Discrimination compensation = Monthly pay × Months awarded (0 < months ≤ 4)
  • Statutory maximum = Monthly pay × 4
  • Grand total = Compensation + Deprived rights

Example: monthly pay TRY 45,000, the court awards 2.5 months and deprived rights (pay difference etc.) are TRY 12,500.50: compensation TRY 112,500, grand total TRY 125,000.50; the statutory maximum is TRY 180,000.

The number of months is at the court's discretion; the tool only calculates and does not predict a judgment. For union-related discrimination, Act No. 6356 art. 25 provides union compensation of at least one year's pay (see the union compensation tool).

Example 2: With monthly pay of TRY 60,000 and the maximum of 4 months awarded, compensation is TRY 240,000.00; this equals the statutory maximum and, with no deprived rights entered, the grand total is also TRY 240,000.00.

How to read the result: "Discrimination compensation" is the monthly pay you entered multiplied by the months awarded. "Statutory maximum" shows the upper limit for four months at the same pay; compensation cannot exceed it. "Grand total" adds the deprived rights to the compensation. Results are gross amounts; tax, interest and legal costs are not included. The court decides how many months to award based on the facts of the case, so the result is a calculation based on your assumptions, not a prediction of a judgment.

How to use

  1. Enter the monthly gross pay to be used by the court.
  2. Enter the months awarded or claimed (at most 4).
  3. Add deprived rights, if any.
  4. Press Calculate.

Notes

Amounts are rounded HALF_UP to two decimals. Gross amounts are calculated; tax and stamp deductions are excluded. Months may be fractional.

Sources

References

  1. [1]
    Labour Law No. 4857 (Turkey), Article 5Official Gazette / mevzuat.gov.tr
  2. [2]
    Law on Trade Unions and Collective Labour Agreements No. 6356 (Turkey), Article 25Official Gazette / mevzuat.gov.tr

Frequently asked questions

4 questions

  1. Up to four months' pay under art. 5 of Act No. 4857. The court sets the amount.

Next step

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