Considering the concept of mobbing under Turkish law, the employer must protect the employee's personality and respect his rights as part of his duty of care. Protection of the worker's personality includes the safety of his life, health, physical and mental integrity, honor, personal and professional dignity, moral values, private living space, and freedom in general. As English-speaking lawyers in Turkey, we will detail mobbing under Turkish law.
Historical Development of The Concept of Mobbing
The concept of mobbing was first introduced by Konranz Lorenz, who studied animal behavior. It was used in the 1960s. With this word, Lorenz means smaller animals against the threat of a large animal. He meant counterattacks from animal groups (Yücetürk, 2002b). According to Lorenz, the “mobbing” concept isolates the victim and can lead to suicide due to despair. He used it to emphasize the seriousness of the behavior. Later, Swedish Peter Paul Heinemann researched behaviors in children, usually in the form of bullying and bullying towards other children (Davenport et al., 2003: 3).
Heinz Leymann's mobbing in the 1980s is the concept used to describe pressure, violence, and intimidation in business life. It can be seen. As a result of Leymann's research in Sweden and Germany, harassment and intimidation Have been revealed. These events also take place on a wide scale in the business world. Leymann's research in 1984 published his findings, and after this study, the concept of "mobbing" was used to describe emotional harassment and harassment in the workplace. The main points worth noting in the above definitions are: Mobbing behavior formed by displaying hostile attitudes towards people is long-lasting, systematic, exhausting, and constantly harms the person. Therefore, we can define mobbing under Turkish law as psychological harassment.
Types of Mobbing
According to the Labor Law No. 4857 and the Law of Obligations, mobbing is included. Types of mobbing may differ, but as a lawyer in Turkey, if we have to express mobbing under Turkish law, psychological harassment can be carried out by the employer, the employer's representative, or other workers against the morale of the worker. These are repetitive, humiliating, and intimidating behaviors that are incompatible with human dignity and respect and occur in the form of maltreatment, humiliation, exclusion, etc. If you need legal support regarding mobbing in the Turkish jurisdiction, as a Turkish lawyer firm, you can get support from our expert team regarding mobbing in Turkey.
Vertical Mobbing
Vertical mobbing occurs when someone higher up harasses someone lower down, considering the mobbing under Turkish law. It is harassment between colleagues on the same level. Turkish Labor Law No. 4857 protects against psychological violence and harassment in the workplace vertically, that is, hierarchically.
Horizontal Mobbing
Horizontal harassment happens when between employees with the same level of authority. According to mobbing under Turkish law, Labor Law No. 4857 protects against any type of violence in the workplace vertically. If you encounter this mobbing, you can get support from our expert team of Turkish Labor Lawyers.
Management Mobbing
Managerial mobbing behavior by the employer refers to intentional actions taken to alienate, exclude, or bore a person from his job based on discrimination. Psychological harassment often aims to cause the worker to leave the job voluntarily by harming the worker or making the workplace environment unbearable. According to the concept of mobbing under Turkish law, the employee can file a lawsuit against the employer in case of these behaviors.
Strategic Mobbing
According to mobbing under Turkish law, the actions accepted as mobbing may not constitute an unlawful act when taken one by one. However, in Turkish labor law, mobbing is not accepted as an instantaneous event; rather, it is a process consisting of systematically repeated behaviors. In the literature, this process is defined as strategic mobbing.
At Istanbul Lawyer Firm, you can get legal support from our English-speaking Turkish lawyers on whether the actions and behaviors exhibited against you in your workplace are considered mobbing.
Immoral Mobbing
In Turkish Law, particularly under Labor Law 4857, mobbing that is considered immoral or sexual is strictly prohibited in the workplace. Employers are required to uphold an ethical environment and are responsible for ensuring that employees do not engage in such unacceptable behaviors. Furthermore, employers must take appropriate measures to prevent any form of sexual or immoral mobbing by workers against their colleagues. In cases where such incidents occur, the employer is tasked with addressing and managing these situations effectively. If you are facing issues related to workplace mobbing in Turkey, our legal team can provide you with the necessary assistance and representation.
Intimidation Mobbing
Intimidation Mobbing is one of the types of psychological harassment. Examples of intimidation mobbing are not respecting the worker's opinion, interrupting communication, and giving the worker work outside his talent or expertise. Mobbing under Turkish Law is forbidden for psychological harassment; therefore, if you need any answer regarding that issue, you can contact English-speaking lawyers in Turkey.
Mobbing: Discrimination or Violation of Human Dignity?
Under Turkish law, mobbing can be seen as a violation of human dignity or discrimination. It would not be correct to say that mobbing is discrimination or actions against human dignity. However, according to Labor Law 4857, if discrimination and actions against human dignity are systematically repeated in the workplace, the employment contract can be rightfully terminated due to mobbing.
How to Identify Mobbing at The Workplace?
Psychological and sexual harassment in the workplace can occur in many different forms. According to Mobbing under Turkish Law, in cases where the worker is given a job for which he is not qualified, invited to special meetings and invitations, or denied the authority he deserves, mobbing can be detected by citing such behavior as a reason in a lawsuit filed.
How Does Turkish Law Define Mobbing?
Mobbing is when an employer, the employer's representative, or other workers engage in repeated, humiliating, and intimidating behaviors. These actions are directed against an employee's moral character and are deemed incompatible with human dignity and respect. Examples of such behaviors include maltreatment, humiliation, and exclusion. Essentially, Turkish labor law prohibits psychological harassment and sexual harassment, highlighting the importance of maintaining a workplace environment that respects human dignity.
Rules and Regulations Against Mobbing Under Turkish Law
Labor Law No. 4857 and the Code of Obligations regulate mobbing under Turkish law. According to the relevant legal regulations, if an employee encounters the behaviors mentioned above, they may terminate their employment contract for just cause and be entitled to the compensation they deserve. If you need assistance, we, as Turkısh Lawyer Firm, provide legal support with our expert Turkısh Labor lawyers.
Writed by Attn. Emircan Erkilinc
You can reach our previous article from https://istanbullawyerfirm.com/blog/what-is-an-initial-public-offering-in-turkey