Workplace Harassment (Mobbing) in Turkish Law

What is Mobbing under Turkish Law?

Mobbing, or psychological harassment in the workplace, is defined as systematic, repetitive, and intentional hostile behavior directed at an employee to intimidate, isolate, or force them to resign.

Under Article 417 of the Turkish Code of Obligations, employers have a duty of care to protect the personality rights of their employees and ensure a workplace free from harassment.

Key Elements of Mobbing

For a situation to be legally classified as mobbing, it typically looks like:

• Systematic: Not a one-off event, but a continuous pattern
• Intentional: Done to distress or alienate the worker
• Duration: Persisting over a significant period (months)
• Effect: Causing psychological damage, resignation, or performance decline

Common Examples of Mobbing

• Systematically ignoring or isolating the employee
• Assigning humiliating tasks below their qualification
• Excessive workload with impossible deadlines
• Verbal aggression, shouting, or insults
• Spreading rumors or damaging reputation
• Arbitrary denial of leave rights

Legal Rights of Mobbing Victims

Employees subjected to mobbing have powerful legal remedies under Turkish Law:

1. Right to Terminate with Just Cause

Under Article 24/II of the Labor Law, mobbing is considered a violation of “rules of morality and good faith.”

• The employee can resign immediately (without notice period)
• The employee retains the right to Severance Pay (Kıdem Tazminatı)
• No Notice Pay is owed to the employer

2. Moral Compensation (Manevi Tazminat)

Victims can sue for moral damages to compensate for the emotional distress, psychological trauma, and damage to professional reputation caused by the harassment.

3. Material Compensation (Maddi Tazminat)

If the mobbing caused financial loss (e.g., medical bills for therapy, loss of income due to forced resignation), these damages can be claimed.

4. Discrimination Compensation

If the harassment is based on language, race, gender, political opinion, or religion, the employee may also claim “Discrimination Compensation” (up to 4 months’ wages) under Article 5 of the Labor Law.

How to Prove Mobbing in Court?

Proving mobbing is the most challenging aspect of these lawsuits. The Supreme Court (Yargıtay) has eased the burden of proof, stating that providing a strong indication is sufficient, and the burden shifts to the employer to prove otherwise.

Evidence Checklist

1. **Medical Reports:**Psychologist/psychiatrist reports diagnosing depression, anxiety, or stress linked to work
2. Witness Testimony: Colleagues who observed the behavior (though often they fear testifying)
3. Written Records: Emails, messages, or assignments that show the abusive pattern
4. Diaries/Logs: A detailed personal record of incidents with dates and times
5. Official Complaints: Petitions sent to HR or management reporting the issue

The Lawsuit Process

1. Notice of Termination: The employee sends a notary notice claiming just cause termination due to mobbing
2. Mediation: Mandatory before filing a lawsuit. Parties try to settle compensation claims
3. Filing Suit: If mediation fails, a lawsuit is filed in Labor Court
4. Expert Review: The court may appoint experts to evaluate psychological reports and workplace records

Employer’s Duty and Liability

Employers are liable not only for their own actions but also for failing to prevent mobbing by other employees (supervisors or peers).

• Duty to Protect: Article 417 obliges employers to take necessary measures to ensure psychological well-being
• Liability: If an employer ignores complaints, they are directly responsible for the damages

Frequently Asked Questions

Q: Can I get severance if I resign due to mobbing? Yes. If you prove mobbing, your resignation is treated as a “just cause termination,” entitling you to full severance pay (if you have worked for at least 1 year).

Q: Is shouting at a meeting considered mobbing? Usually, an isolated incident of shouting is not mobbing (though it may be an insult). Mobbing requires a systematic and repetitive pattern.

Q: What is the statute of limitations?

• For severance/notice pay: 5 years
• For tort-based compensation (moral damages): 2 years from learning of the act/perpetrator (and 10 years max)

Legal Support: We represent employees in mobbing cases, helping to document evidence, draft termination notices, and pursue compensation in court. Contact us for confidential consultation.

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