Mobbing (Psychological Harassment) and the Employer's Responsibility
1. Introduction
In contemporary societies, working life is not merely about economic activity; it also encompasses high ethical and legal responsibilities such as protecting human dignity and respecting psychological and social values. Workplace mobbing, or psychological harassment, is a phenomenon that includes behaviors such as intimidating, humiliating, and isolating employees through non-physical means. It leads to consequences such as mental distress and decreased work performance for the individual, and also poses serious legal risks for the employer.
This article will examine the legal framework of mobbing specifically in Turkey, discuss the roles and responsibilities of employers, address the rights and recourse options of victims, explore practical challenges, and offer solutions, comparing them to international standards.
2. What is Mobbing? Definition and Elements of Psychological Harassment
Mobbingrefers to behaviors in the workplace where one or more individuals systematically and over a long period psychologically harass, intimidate, exclude, force others to work under poor conditions, and discredit them. Some experts also use concepts such as "psychological harassment," "intimidation," and "emotional abuse" interchangeably.
Essential Elements
The following elements are important in terms of workplace mobbing:
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Continuity and systematicity: Not just a single event, but a set of recurring behaviors.
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Goal-oriented: Having objectives such as intimidating the victim, removing them from their job, or exerting psychological pressure.
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Hierarchical or horizontal relationship: This can be applied both by a supervisor and by colleagues.
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Deterioration of the work environment: The environment becoming psychologically unhealthy for the employee.
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Harm to the exposed party: Consequences such as psychological distress, low morale, absenteeism, health problems, decreased performance, and even resignation.
3. Legislation Regarding Mobbing in Türkiye
Although the concept of mobbing is not directly defined by the word "mobbing" in Turkish legal regulations, protection is provided through various laws, regulations, and Supreme Court precedents.
Labor Law Regulations
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Turkish Code of Obligations (TBK): This requires that employment contracts between employers and employees be implemented in a manner that respects the employee's personal rights. The employer has an obligation to ensure that the conduct observed in the workplace does not harm the employee's personal rights.
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Labor Law (Law No. 4857): Within the framework of occupational health and safety in the workplace, the principle of ensuring working conditions are in accordance with human dignity is paramount. The employer is obligated to protect the physical and psychological health of the employee. Article 5 of the Labor Law specifies the employer's general responsibilities regarding occupational health and safety; the employer must also consider the work system, workplace organization, and the psychological pressure on employees.
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Constitution: Article 17 guarantees everyone the right to life and the protection of their physical and moral integrity. Treatment that violates human dignity is prohibited. Within this framework, harassing and degrading behavior in the workplace is prohibited by the Constitution.
Other Regulations
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Turkish Penal Code (TCK): Certain acts of psychological harassment can be considered crimes such as insult and threat. Harassment offenses also raise criminal liability in the context of workplace conduct.
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Civil Servants Law and Private Law Framework: For public sector personnel, special disciplinary provisions, ethical rules, and administrative responsibility are addressed. For private sector employees, the provisions of the employment contract and internal workplace regulations play an important role.
4. Employer's Responsibility
An employer's responsibility for workplace bullying (mobbing) imposes significant legal obligations not only at the individual level but also at the corporate level.
General Responsibility Principles
The employer is obligated to treat the employee in good faith within the scope of the obligations arising from the employment contract. One of the general provisions of the Turkish Code of Obligations is the fulfillment of the duty of care and loyalty that can be expected from the employment contract during the performance of the work. In this context, the employer's actions cannot harm the employee's personality and psychological integrity.
Employer's Preventive Measures
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Conducting a risk analysis: Identifying psychosocial risks; determining which work processes carry the potential for pressure, isolation, unfair assigning of responsibility, and mobbing.
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Policy making: Documenting workplace-specific anti-mobbing policies and procedures; defining codes of conduct, complaint procedures, and investigation processes.
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Training and awareness: Organizing training sessions for managers and employees on psychological harassment/employee rights; educating managers on the impact of their leadership styles on employees.
Management and Supervision Responsibility
Employers are responsible for the selection, training, and supervision of managers to prevent workplace bullying. The relationship and attitude of a supervisor towards an employee plays a significant role in the occurrence of harassment; employers are liable if they lack adequate oversight in this regard.
Workplace Safety
The Labor Law's occupational health and safety regulations include the protection of psychological health. Employers are obligated to eliminate conditions that could jeopardize the psychological safety of employees. This encompasses aspects such as workload, working hours, break schedules, and task assignments.
5. Legal Remedies and Opportunities for Seeking Justice for the Victim
An employee subjected to mobbing can seek redress through various legal means. Some of these include claims for compensation, termination of the employment contract, or administrative appeals.
Labor Law Remedies
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Labor Courts: Applications can be made for claims for receivables and compensation arising from employment contracts. The right to terminate an employment contract for just cause may arise due to mobbing (workplace harassment).
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Internal Procedures/Reporting: If complaint mechanisms have been established in the workplace, the employee can use them; a report can be filed, and a notification can be made to human resources.
Compensation Claims
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Monetary compensation: Financial losses incurred by the employee; for example, lost wages due to absenteeism, medical expenses, etc.
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Non-pecuniary damages: Compensation for the employee's moral harm resulting from situations such as psychological pressure, demoralization, and humiliation.
Criminal Law Aspect
If elements such as harassment, threats, or insults are involved, a criminal complaint can be filed under the Turkish Penal Code. The employer or the employee who committed the harassment may face criminal liability.
6. Court and Court of Cassation Practices
The Turkish Supreme Court and other judicial bodies have developed various criteria in cases of mobbing. Below are some of the prominent identification criteria and decisions in practice.
Detection Criteria
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Continuity of behavior: Events that are not lightning-like but continue for a long period of time.
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Variety of behaviors: A combination of various behaviors such as minor insults, constant criticism, isolation, and lack of task sharing.
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Harm to the worker: Psychological distress, sick leave, absenteeism, decreased morale and motivation.
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Employer's knowledge or awareness: The existence and effects of mobbing should be known or expected to be known by the employer.
Important Case Law Examples
The Supreme Court's precedents include decisions stating that mistreatment in the workplace within a superior-subordinate relationship reaches a point where it damages the employee's personality, and the employer is obligated to take necessary measures to prevent this. Furthermore, the conditions for claims for moral damages are accepted based on the existence of these criteria.
7. Problems Encountered in Practice
In cases of workplace bullying (mobbing), various problems arise in the relationship between the victim and the employer:
The Problem of Evidence
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Evidence: The psychological harassment behaviors were not documented in writing.
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Lack of witnesses: Colleagues or managers are reluctant to testify.
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Time constraints: The statute of limitations expiring for abusive behavior.
Employer's Denial and Lack of Witnesses
Employers often deny allegations of workplace bullying, dismissing the incidents with excuses such as "personal incompatibility." This makes it difficult for the employee to prove their victimization.
Cultural and Organizational Factors
In some work environments, traditional attitudes such as hierarchy, discipline, and a culture of "submission to authority" lead to the normalization of mobbing and block avenues for filing complaints.
8. Suggestions and Solutions
Effectively combating workplace bullying requires collaboration between employers, managers, employees, and the legal system.
Corporate Policies and Procedures
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Written anti-mobbing policy: The workplace must establish an anti-mobbing policy, including rules and penalties.
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Complaint mechanism: There must be a clear process for receiving, investigating, and resolving complaints in a safe and impartial manner.
Education and Awareness Studies
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Leadership training for managers: Communication skills, conflict management.
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Awareness seminars and group workshops for employees on psychological harassment.
Employment Contracts and Internal Regulations
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Codes of conduct such as honor, respect, and respect for rights can be added to employment contracts or internal regulations.
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Penalties for inappropriate behavior may be determined by contracts or regulations.
Sanctions and Penalties
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Disciplinary actions include institutional sanctions such as reassignment, transfer, or dismissal of a manager.
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Legal sanctions include compensation, damages to morality, and even criminal liability.
9th International Perspective
International standards and comparative law can serve as a guide for Türkiye.
European Union and International Standards
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The European Social Charter and the European Convention on Human Rights: These provide for the protection of fundamental rights such as dignity, personality, and the right to work.
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ILO (International Labour Organization) conventions and guidelines: Managing psychosocial risks and taking protective measures against ill-treatment.
Examples of Comparative Law
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In Germany, employer responsibilities are clearly defined under the "Psychischer Missbrauch am Arbeitsplatz" (Psychological Harm at the Workplace) framework; workplace inspections and risk analyses are conducted to prevent psychological harm to employees.
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In Sweden, employees who experience workplace bullying benefit from union support, labor litigation, and public oversight mechanisms.
10. Conclusion
Mobbing is a significant problem in modern working life; it causes serious psychological and physical harm to employees and creates legal, ethical, and financial obligations for employers. Turkish law contains various regulations regarding the protection of workers' rights; the employer's responsibility is determined within the framework of obligations arising from the employment contract, occupational health and safety laws, the Turkish Code of Obligations, and the principles of respect for human dignity.
Providing victims with avenues for seeking redress, employers proactively developing internal policies, and changing the workplace culture through education and awareness are the most effective ways to prevent mobbing. Although there are obstacles in practice such as difficulty in obtaining evidence, employer denial, and cultural resistance, legislation and case law in Türkiye offer important tools for addressing this problem.
Employers and managers have a responsibility to protect the psychological well-being of their employees. This is not only a humanitarian necessity but also a legal obligation. Preventing workplace mobbing is critically important for both increasing employee productivity, health, and motivation, and for protecting employers from legal risks.
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