Workplace Mobbing: Legal Remedies and Your Rights

In today's business world, mental well-being, which is just as important as physical health, is unfortunately sometimes subjected to systematic attacks. Mobbing, is a process that reduces employee productivity, damages self-confidence, and can even lead to serious health problems. The Turkish legal system offers various legal safeguards to protect employees who are subjected to mobbing.

This article will detail what the concept of mobbing is, which behaviors fall under this category, and the legal steps to take if you are subjected to it

1. What is Mobbing? Elements of Psychological Harassment

Not every work-related dispute or intense work pace constitutes mobbing. For an action to be considered mobbing in legal terms, it must meet specific criteria determined by the Supreme Court and legal doctrine:

Continuity: The abusive behavior must have occurred over a specific period of time (usually at least 6 months).
Systematicity: This refers to the repetition of behaviors in a planned manner, with a specific purpose, rather than being random.
Intent: This refers to the perpetrator's intention to discourage the employee from working, force them to resign, or intimidate them.
Hierarchical Structure: Although mobbing usually occurs from top to bottom (from manager to employee), it can also occur horizontally (from colleagues) or, rarely, from bottom to top.

2. Which Behaviors Fall Under the Scope of Mobbing?

While the specific signs of mobbing vary from person to person, the most common examples are:

Assigning tasks far below the employee's skill level, or no tasks at all (social isolation).
Being constantly reprimanded or humiliated in front of colleagues.
Exclusion of the employee from social settings, not being invited to meals, or cutting off communication.
Unjustified disciplinary investigations or repeated requests for defense.
Making fun of a person's private life, religious beliefs, or physical characteristics.

3. First Steps for an Employee Experiencing Mobbing

Before initiating legal proceedings, it is vital to act strategically in order to fulfill the burden of proof:

Keep a Journal: Note down every event that occurs, including the date, time, location, and the names of any witnesses. Detail any unfair criticism or treatment you received.
Gather Evidence: Be sure to back up any derogatory emails, WhatsApp messages, unfair assignments, or performance reviews you receive.
Report the Situation: If your company has a Human Resources department, report the situation (in writing) to senior management. This is critical to initiating the employer's accountability.
Seek Medical Support: If this process has led to health problems such as depression, sleep disorders, or panic attacks, consult a specialist and obtain a report documenting your condition.

4. Legal Remedies You Can Pursue

In Turkish law, there are four main avenues available to an employee who is a victim of workplace mobbing:

A. Termination of Employment Contract for Just Cause

According to Article 24/II of the Labor Law No. 4857, an employee may terminate their employment contract immediately for just cause due to a violation of moral and good faith principles. In this case, if the employee has completed one year of service, they are entitled to severance pay and do not have to wait for the notice period

B. Claims for Material and Moral Damages

Mobbing is an attack on personal rights. Under the Turkish Code of Obligations, a lawsuit can be filed for moral damages for the psychological distress suffered, and for material damages such as treatment costs or loss of employment .

C. Malice Compensation

If an employee is not covered by job security provisions (in workplaces with fewer than 30 employees), and the employer abuses their right to terminate the employment contract for the purpose of workplace harassment (mobbing), the employee for damages .

D. Filing a Criminal Complaint

Mobbing acts are also covered under the Turkish Penal Code;

Torture (Turkish Penal Code Article 94)
Violation of freedom of work and employment (Turkish Penal Code Article 117)
of insult or threat . In this case, a complaint can be filed with the Public Prosecutor's Office.

5. Public Ombudsman and Administrative Applications

Public sector employees, as well as private sector employees, can be subjected to mobbing. Additional avenues that can be pursued in such cases include:

ALO 170: You can report workplace bullying (mobbing) and receive psychological support through this hotline of the Ministry of Labor and Social Security.
CİMER and the Public Ombudsman Institution: These are effective oversight mechanisms, especially in cases of mobbing experienced by public personnel.
The Turkish Human Rights and Equality Institution (TİHEK): If discrimination-based mobbing (based on gender, religion, race, etc.) occurs, an application can be made to TİHEK to ensure that administrative fines are imposed.

6. Ease of Proof in Mobbing Cases

Normally, in law, "the burden of proof rests with the claimant." However, in mobbing cases, the Supreme Court grants a leniency in proof . If the employee presents evidence (diary entries, messages, witness statements, doctor's reports) that strongly suggests they have been subjected to mobbing, then the employer must prove that they did not engage in mobbing.

Conclusion

Mobbingis not just a workplace problem, but a fundamental human rights violation. Remaining silent or waiting for it to pass on its own often makes the situation worse. Defending your rights by seeking professional legal advice will both protect your right to compensation and help you regain your dignity in the workplace.

Remember, no job is more valuable than your mental health, and the law is on your side during this process.

Labor law mobbing, workplace mobbing

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