Mobbing under Turkish law refers to systematic psychological harassment in the workplace. This form of workplace mistreatment violates the dignity, health, and freedom of employees. Turkish Labor Law No. 4857 and the Turkish Code of Obligations recognize the concept of mobbing, which can be committed by employers, managers, or even colleagues. In this article, we explain the legal definition, types, consequences, and legal actions that can be taken against mobbing in Turkey.
Definition and Legal Framework of Mobbing in Turkey
Turkish Labor Law imposes on employers the duty to protect the employee's physical and mental well-being. Mobbing includes repetitive behaviors such as humiliation, exclusion, verbal abuse, undermining of professional reputation, or assigning meaningless tasks that are incompatible with human dignity.
Employees who are subjected to mobbing may file for compensation, terminate their contract with just cause, and seek legal recourse in labor courts.
Types of Mobbing Recognized Under Turkish Law
- Vertical Mobbing: Occurs when superiors psychologically harass subordinates.
- Horizontal Mobbing: Takes place between colleagues of the same rank or authority.
- Strategic Mobbing: Involves systematic mistreatment with the intention of forcing the employee to resign.
- Sexual or Immoral Mobbing: Involves harassment of a sexual nature or actions that violate moral standards.
Legal Consequences and Employee Rights
Victims of mobbing may file for:
- Compensation for material and moral damages
- Termination of the employment contract with severance pay
- Reinstatement in some cases
- Filing complaints with public authorities or labor courts
Turkish courts assess mobbing based on duration, repetition, and the psychological effect on the employee.
Proving Mobbing in Turkish Courts
Evidence such as witness statements, written communication (emails or messages), psychological evaluation reports, or audio-visual materials can be used in court to prove mobbing. The burden of proof may shift depending on the circumstances.
How Istanbul Lawyer Firm Can Help
Our Turkish labor lawyers at Istanbul Lawyer Firm provide professional legal guidance and representation to employees who have been subjected to workplace harassment or mobbing. We ensure that your rights are protected and legal steps are taken accordingly.
You can read our previous article at https://istanbullawyerfirm.com/blog/what-is-an-initial-public-offering-in-turkey