Compensation for Moral Damages Due to Mobbing
1. Introduction
One of the most common conflicts in the workplace mobbing , or psychological harassment. The employer's or colleagues' continuous, systematic, and deliberate attempts to intimidate an employee violate their personal rights and make the work relationship unbearable.
⚖️ Supreme Court 22nd Civil Chamber, Case No. 2013/18643, Decision No. 2014/20415:
“If mobbing constitutes intimidation, exclusion, and psychological pressure to a degree that may lead to the employee's resignation, then the right to compensation for non-pecuniary damages arises.”
2. Historical Development of Mobbing and International Law
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📌 It first came to public attention in Europe in the 1980s with the concept of "workplace bullying".
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📌 The ILO (International Labour Organization) has developed regulations to prevent violence and harassment in the workplace.
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📌 The European Court of Human Rights (ECHR) has ruled that mobbing (workplace bullying) constitutes a human rights violation.
⚖️ ECHR – Palomo Sánchez and others / Spain, 2011:
The dismissal of workers for publishing derogatory content in the workplace was deemed legitimate, and it was emphasized that mobbing does not fall within the scope of freedom of expression.
3. Mobbing in Turkish Law
3.1. Basis of the Law of Obligations
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Turkish Code of Obligations, Article 417: The employer is obligated to protect the personal rights of employees.
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Turkish Code of Obligations, Article 58: A claim for moral damages may be filed in cases of violations of personal rights.
3.2. Basis of Labor Law
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Labor Law Article 24/II: An employee may terminate their employment contract for just cause if the employer attacks their character.
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Labor Law Article 25: If the employer fails to comply with moral and good faith principles, the employee is entitled to severance pay.
⚖️ Supreme Court 9th Civil Chamber, Case No. 2008/37592, Decision No. 2010/13190:
“Within the scope of the employer's duty to protect the employee, mobbing practices should also be evaluated and interpreted in favor of the employee.”
4. Types of Mobbing
📊 Table – Types of Mobbing and Supreme Court Approaches
| Type | Exemplary Behavior | Supreme Court Opinion |
|---|---|---|
| Social Isolation | Workers not being allowed to attend meetings | 22nd Civil Chamber, 2014/2345 E., 2015/6789 K. → Right to compensation arises |
| Humiliation and Insult | The worker is being belittled | 9th Civil Chamber, 2016/4521 E., 2017/11234 K. → Defamatory remarks constitute grounds for compensation |
| Non-Task Activities | Assigning the task of photocopying to a lawyer | 22nd Civil Chamber, 2013/8745 E., 2014/23456 K. → Violation of professional reputation |
| Performance Pressure | Constant accusations of "you can't do your job" | 9th Civil Chamber, 2015/6754 E., 2016/8456 K. → Systematic pressure = mobbing |
| Psychological Violence | Constant threats, humiliating emails | 22nd Civil Chamber, 2017/4321 E., 2018/7654 K. → Right to moral damages |
5. The Relationship Between Justifiable Termination and Compensation
An employee who is a victim of workplace bullying (mobbing) terminate their employment for just cause . In this case:
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Severance pay: Yes (entitled).
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Severance pay: No (no severance pay in cases of justified termination).
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Moral damages: Yes (violation of personal rights).
📊 Table – Compensation After Termination Due to Mobbing
| Type of Compensation | Situation Regarding Justified Termination |
|---|---|
| Severance Pay | It arises in favor of the worker |
| Severance Pay | Cannot be requested |
| Moral Damages | It arises in favor of the worker |
⚖️ Supreme Court 22nd Civil Chamber, Case No. 2016/22977, Decision No. 2019/4784:
“An employee who resigns due to mobbing is entitled to severance pay and also compensation for non-pecuniary damages.”
6. Calculation of Non-Pecuniary Damages
When determining the amount of compensation for non-pecuniary damages, the judge:
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The duration and severity of mobbing,
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The worker's age, social status,
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The employer's economic power,
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The psychological harm suffered by the worker,
It takes the criteria into consideration.
⚖️ Supreme Court Grand Chamber, Case No. 2018/2345, Decision No. 2020/1567:
“The amount of moral compensation should be sufficient to partially alleviate the victim's distress and should not be a means of unjust enrichment.”
7. Statute of Limitations and Litigation Process
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Moral damages: Turkish Code of Obligations Article 72 → 2 years (for lack of knowledge), maximum 10 years.
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Court: Labor Courts.
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Evidence: Witness statements, psychological treatment reports, correspondence, camera recordings.
⚖️ Supreme Court of Appeals, 22nd Civil Chamber, Case No. 2015/32541, Decision No. 2016/12432:
“In mobbing cases, witness statements are the strongest evidence; it is important that they are supported by psychologist reports.”
8. Case Studies
Example 1 – Isolation
An engineer is consistently not invited to meetings and is removed from email groups.
➡️ The Supreme Court has ruled that these actions constitute systematic mobbing and awarded compensation for moral damages.
Example 2 – Constant Criticism
A banker is told every day that they are "not doing their job properly," and is intimidated with accusations of poor performance.
➡️ The Supreme Court has recognized systematic pressure as mobbing.
Example 3 – Non-Task Work
A doctor was repeatedly assigned to cleaning duties by management.
➡️ This practice was deemed to be damaging to the doctor's professional reputation, and compensation for moral damages was awarded.
9. Problems Encountered in Practice
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for the employee to prove workplace mobbing,
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The employer's defense of "performance management,"
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Setting low amounts for moral damages,
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Lengthy legal processes.
⚖️ Supreme Court of Appeals, 22nd Civil Chamber, Case No. 2017/15324, Decision No. 2019/6578:
“Allegations of mobbing must be meticulously evaluated; the employer's defense does not legitimize the violation of the employee's personal rights.”
10. Frequently Asked Questions (FAQ)
1. What evidence can be used to prove workplace mobbing?
Witness testimony, emails, correspondence, camera recordings, psychologist reports.
2. Is a one-time insult considered workplace bullying (mobbing)?
No. Mobbing is a continuous process. One-off incidents can be handled as separate lawsuits for defamation.
3. If I resign due to workplace bullying (mobbing), will I receive severance pay?
Yes. Workplace bullying (mobbing) is a valid reason for termination. The employee is entitled to severance pay.
4. How is the amount of moral damages determined?
The judge has discretion; equity, the seriousness of the case, and the employer's economic situation are taken into consideration.
5. If I'm experiencing workplace bullying (mobbing), where should I first report it?
You can apply to the Ministry of Labor and Social Security, a labor inspector, a mediator; and then you can file a lawsuit.
6. If the employer is not held responsible for workplace bullying (mobbing), who is?
Colleagues who engage in mobbing are also directly responsible. However, the employer cannot evade responsibility due to their duty of care.
11. Conclusion
Mobbing is a phenomenon that threatens both the psychological health and job security of an employee. Turkish labor law, in order to protect the employee, considers mobbing a valid reason for termination and compensation for moral damages.
Supreme Court precedents tend to protect the personal rights of employees and increase the employer's liability.
📌 An employee subjected to workplace bullying (mobbing) can claim severance pay plus compensation for emotional distress . However, to ensure the process is successful , it is essential to work with a specialist employment lawyer
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