Extended Summary

The EU Pay Transparency Directive, effective from June 6, 2023, aims to
ensure gender equality and eliminate pay disparities. The Directive seeks to
promote the principle of equal pay for equal work and work of equal value by
making employers’ pay policies more transparent. In this context, employers are
required to share pay information and policies with their employees.
The Directive includes provisions that apply to the recruitment process.
According to Article 5 of the Directive, job applicants have the right to
information about the initial pay or pay range for the position based on objective
and gender-neutral criteria. This transparency can especially benefit women by
helping them receive fairer wages in the labor market. However, this regulation
also means that employers must set a specific starting point for salary negotiations.
In Turkish labor law, there is no legal requirement for informing job
applicants about the initial pay or pay range during the recruitment process. New
legal regulations are needed to increase transparency in the recruitment process
and to regulate negotiation procedures.
Article 5, paragraph 1 of the Directive emphasizes the need for an objective
and gender-neutral starting salary. These criteria include skills, effort, responsibility,
and working conditions. Paragraph 2 of Article 5 prohibits employers from asking
candidates about their previous salaries. However, candidates are free to disclose
this information voluntarily.
In Turkish law, there are different opinions on whether employers can ask
candidates about their previous salaries. If a candidate shares this information, the
employer should be allowed to inquire, but prohibitive regulations should be
implemented. Additionally, the issue of using AI-supported systems to indirectly
obtain candidates’ previous salary information is significant.
Paragraph 3 of Article 5 of the Directive requires recruitment procedures to
be conducted in a non-discriminatory manner. Job advertisements must be
formulated and job titles must be chosen in a gender-neutral way.
In Turkish Law, Article 5 of the Labor Law stipulates that individuals who
face discrimination during recruitment can only claim compensation based on
general provisions, which may not provide sufficient protection. Comprehensive
regulations are needed to impose penalties for discrimination during recruitment.
In conclusion, the EU Pay Transparency Directive is a significant step
towards promoting gender equality and fair pay policies in the labor market.
Turkey should also implement necessary legal regulations and practices to ensure
gender equality in the labor market. The combined efforts of employers, trade
unions, and state institutions will play a critical role in reducing gender pay
disparities. Effective implementation of the Directive will not only ensure legal
compliance but also promote a more fair and inclusive workplace culture.