WORKPLACE MOBBING

In today's business world, mobbing is a frequently encountered problem. In other words, mobbing, known as a form of intimidation, is one of the main causes of stress in the workplace. In workplaces, mobbing is known as a frequently used intimidation technique, both among employees in superior-subordinate relationships and by managers. Mobbing practices, frequently encountered worldwide, are also seen in our country. Defined as a form of psychological violence, mobbing is subject to regulations within our legal system.

The employer's obligation to prevent mobbing, according to Article 417 of the Turkish Code of Obligations, is stated as follows: 'The employer is obliged to protect and respect the employee's personality in the employment relationship and to ensure an order in the workplace that conforms to the principles of honesty, and in particular to take the necessary measures to prevent employees from being subjected to psychological and sexual harassment and to prevent those who have been subjected to such harassment from suffering further harm.' 

The burden of proof in mobbing cases…

mobbing encompasses abstract practices, proving it is difficult. In this sense, mobbing cases is directly related to the degree of proof. Indeed, the chances of winning the case increase as long as the plaintiff employee proves that they have been subjected to mobbing. Therefore, it seems essential for the plaintiff to need legal support in gathering and presenting legal evidence that will contribute to the process. The steps the plaintiff needs to take to prove mobbing can be listed as follows:

• All behaviors constituting workplace mobbing should be noted down individually, along with the date, time, and witnesses present at the time of the incident
• Internal correspondence that constitutes a destructive policy among staff members should be recorded and printed copies should be provided

• Taking screenshots of conversations outside of working hours and submitting printouts to the court constitutes proof of continuous harassment.
• In order to document the mobbing incidents, the evidence presented should include detailed records of the periods before and after the mobbing, and a comparison of these two periods should be submitted to the court
• If you have suffered psychological harm due to mobbing, you should obtain a doctor's report to prove this
• Having colleagues testify in favor of the defendant would be beneficial. However, former colleagues who witnessed the events and whose employment contracts have ended are more likely to testify in court in favor of the defendant.
• You should call ALO 170, the Ministry of Labor and Social Security's communication line, to get support regarding the mobbing incident you experienced
• An increase in the frequency of assigning tasks outside of the job description in the employment contract is also evidence of workplace bullying (mobbing)
• Changing job locations to the furthest point from one's place of residence without providing a valid reason is the most common form of mobbing.
• In cases of unfairly recorded disciplinary actions, the fact that similar issues involving other employees were not addressed by the employer can be presented as evidence.

The legal rights of the plaintiff in a mobbing complaint are as follows:

• Termination of employment contract for just cause
• The right to claim compensation for discrimination under certain conditions
• The right to claim compensation under the Law of Obligations and the Civil Code
• The right to sue a manager who engages in mobbing and to claim compensation for emotional distress
• The right to invoke compensation for bad faith under certain conditions

Time limit for filing a mobbing lawsuit…

The time limit for filing a mobbing lawsuit remains valid both while the employee is working and after they leave the workplace. It should be noted again that mobbing lawsuits are subject to a statute of limitations according to Supreme Court rulings, and the legally mandated statute of limitations for mobbing lawsuits is 2 years.

For more information on this matter and for any other questions, you can consult experienced lawyers in the field of employment lawwith our firm's