Avrupa Birliği Direktifleri ile ATAD Kararları Çerçevesinde Ayrımcılık Yasağı ve Ayrımcılığın İspatı

Authors : Gonca AYDINÖZ

Pages : 163-192

View : 18 | Download : 9

Publication Date : 2009-01-01

Article Type : Research Paper

Abstract :EU law has regulated prohibition of discrimination in labor relations in extensive way. In this sense, direct discrimination and indirect discrimination concepts delivered and within in this separation, the regulations on prohibition of discrimination increased in variety. The rules of proof are very important on execution of prohibition of discrimination. The rules on proof of discrimination have developed with jurisprudence of the Court of Justice of European Communities, subsequently edited by directives of European Union. Thereby the rules of proof in favor of the employee are developed without reversing the burden of proof totally. Labor Act no. 4857 regulated the same rules of proof for the principle of equal treatment. The practices of these rules are reflected in the judgements of the Court of Justice of European Communities. For this reason, it is essential to analyze the prohibition of discrimination and the rules regarding the proof of discrimination with the examples of Court of Justice judgements
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