MOBBING IN LABOR LAW: DEFINITION, LEGAL CONSEQUENCES, AND SUPREME COURT DECISIONS

MOBBING IN LABOR LAW AND ITS LEGAL CONSEQUENCES

ENTRANCE

In the workplace, employees are sometimes subjected to systematic and deliberate psychological pressure. Such pressure reduces productivity, negatively impacts the employee's mental and physical health, and can even lead to complete disengagement from work. This type of systematic pressure is called "mobbing." This article will examine the concept of mobbing, its legal framework, and its consequences, particularly within the context of labor law practices in Türkiye. Furthermore, it will utilize a decision by the Supreme Court of Turkey regarding mobbing.

THE CONCEPT OF MOBBING AND ITS PLACE IN LABOR LAW

Mobbing refers to psychological violence, pressure, and intimidation behavior systematically applied by one or more individuals to a specific employee in the workplace. The emphasis on "systematic" is crucial here. We will see the importance of the principle of continuity for the elements of mobbing to arise in a Supreme Court decision shortly. Mobbing is generally carried out with a specific purpose, aiming to force the victim to leave their job or to discredit them. In labor law, mobbing is considered a violation of the employer's duty of care towards the employee, and therefore the employer may be held liable.

Mobbing practices are defined by the International Labour Organization (ILO) as "a form of behavior that manifests itself through cruel, malicious, vengeful, humiliating and critical attitudes aimed at sabotaging one or a group of workers." These behaviors disrupt peace in the workplace and negatively affect employees' job satisfaction.

LEGAL CONSEQUENCES OF MOBBING

Victims of workplace bullying (mobbing) can terminate their employment contracts for just cause and are entitled to severance pay. However, proving mobbing is not always easy, and victims need evidence such as witness statements, email correspondence, and records of workplace conduct to document the situation.

An employee who terminates their employment contract due to mobbing (workplace bullying) can claim compensation for moral damages in addition to severance pay. Claims for moral damages are evaluated taking into account the violation of the employee's personal rights and the psychological harm suffered. The employee can also claim other material damages incurred as a result of the mobbing. Of course, these rights can only be exercised if the elements of mobbing have been present.

SUPREME COURT'S DECISION ON MOBBING

The Supreme Court's 9th Civil Chamber, in its decision numbered 2017/16925 E., 2020/10963 K., considered the case of an employee who terminated their employment contract due to allegations of workplace mobbing. The plaintiff claimed that they were subjected to pressure and mobbing in the workplace and terminated their employment contract for just cause, requesting the collection of severance pay and other entitlements.

The Supreme Court emphasized that certain criteria must be considered to determine the existence of workplace mobbing. It stated that mobbing must be applied systematically and continuously, with a specific purpose. The ruling determined that the behaviors classified as mobbing stemmed from the employer's general management style, were not directed solely at the plaintiff, and therefore the plaintiff was not entitled to severance pay.

This decision demonstrates the meticulous legal process required to evaluate allegations of workplace bullying (mobbing). The Supreme Court has explicitly stated that, in order to accept the existence of mobbing, the behaviors must be continuous, systematic, and directed towards a specific goal.

PROOF OF MOBBING AND THE LITIGATION PROCESS

In mobbing cases, proving mobbing can be challenging. Courts evaluate evidence such as witness statements, workplace correspondence, and sudden changes in job descriptions. However, as the Supreme Court has stated, not every rude or impolite behavior can be classified as mobbing. Mobbing allegations must be viewed as a systematic process of intimidation and pressure in the workplace.

Victims of mobbing can seek redress by filing lawsuits in labor courts. These lawsuits focus on the psychological pressure the employee is subjected to, unfair practices in the workplace, and the employer's negligence in preventing the situation. In these cases, the courts generally rely on expert reports and witness testimonies to assess the existence of mobbing.

CONCLUSION

In labor law, mobbing constitutes a serious attack on an employee's personal rights and disrupts peace in the workplace. Employers must take necessary measures to prevent mobbing and ensure that employees are protected from such psychological pressure. Victims of mobbing can seek legal recourse and compensation for the damages they have suffered. The Supreme Court's decisions on mobbing serve as important guidelines in evaluating these cases.

Trainee Lawyer

Melike Altunay