Compensation for Mobbing and Workplace Harassment in Turkey

Introduction

Compensation for mobbing and workplace harassment in Turkey is an important legal remedy for employees who are exposed to systematic psychological pressure, humiliation, intimidation, exclusion, discrimination, threats, verbal attacks, abuse of managerial authority or other conduct that damages their dignity, mental health and professional life. In Turkish legal terminology, mobbing is generally referred to as psychological harassment at the workplace. It is not limited to open insults or threats. It may also include repeated conduct that gradually isolates, weakens, discredits or forces the employee to leave the workplace.

Workplace harassment may occur in private companies, public institutions, factories, hospitals, hotels, law offices, banks, schools, construction sites, restaurants, call centers, technology companies and remote working environments. It may be committed by the employer, managers, supervisors, colleagues, human resources staff or even subordinates. It may target one employee or a group of employees. It may involve shouting, humiliation, constant criticism, unreasonable workload, meaningless duties, exclusion from meetings, social isolation, spreading rumours, blocking career opportunities, changing duties without reason, unjustified disciplinary pressure, sexual harassment, discriminatory treatment or retaliation after complaints.

Turkish law protects employees against mobbing through several legal mechanisms. The most important provision is Article 417 of the Turkish Code of Obligations. This article requires the employer to protect and respect the employee’s personality, to establish a workplace order consistent with good faith, and especially to take necessary measures to prevent psychological and sexual harassment and to prevent further harm to employees who have suffered such harassment. It also provides that compensation for damage arising from the employer’s breach of these duties is subject to contractual liability rules.

In 2025, Turkey also renewed its public policy framework against workplace psychological harassment through Presidential Circular No. 2025/3 on the prevention of mobbing. The circular was published in the Official Gazette on 6 March 2025 and emphasizes the need to prevent intentional and systematic conduct that humiliates, excludes, intimidates or damages the personality and dignity of employees.

What Is Mobbing Under Turkish Law?

Mobbing means systematic psychological harassment at the workplace. It usually involves repeated and intentional conduct directed at a specific employee with the purpose or effect of intimidation, humiliation, exclusion, discouragement, professional discrediting or forcing resignation. A single rude act may be unlawful in some cases, but it will not always constitute mobbing. Mobbing generally requires continuity, system, targeting and workplace-related pressure.

Yargıtay case law describes workplace mobbing as conduct that becomes systematic, is intentional and continuous, aims to intimidate or remove the employee from work, and causes harm to the employee’s personality, health or professional status. Yargıtay also distinguishes mobbing from isolated rude, unethical or impolite behaviour; a few occasional acts that are not frequent or systematic may not be sufficient to establish mobbing.

Another important Yargıtay decision explains that what separates mobbing from stress, burnout, workplace dissatisfaction or ordinary workplace incivility is the targeting of a specific person for a specific purpose and the continuous, systematic and frequent nature of the unfair conduct. The same decision also states that, because mobbing is difficult to prove, the employee does not need absolute proof at the first stage; presenting facts that create suspicion of mobbing may shift the burden toward the employer to show that mobbing did not occur.

This approach is important because mobbing rarely happens through one clear document. It often appears through a pattern: repeated humiliation, unfair criticism, sudden exclusion, hostile messages, unjustified warnings, impossible targets, unjustified duty changes and psychological pressure over time.

Legal Basis of Mobbing Compensation Claims in Turkey

The main legal basis for mobbing compensation claims is Article 417 of the Turkish Code of Obligations. The employer has a duty to protect the employee’s personality, dignity, health and psychological integrity. This duty is broader than simply paying salary. It requires the employer to create a safe and respectful working environment. The article expressly refers to psychological and sexual harassment, making it one of the strongest legal foundations for workplace harassment claims in Turkey.

Mobbing claims may also rely on personality rights protection and moral compensation rules. Article 58 of the Turkish Code of Obligations provides that a person whose personality rights are damaged may request monetary moral compensation; the judge may also decide another form of remedy instead of, or in addition to, monetary compensation. The Constitutional Court’s 2025 decision concerning Article 58 reproduces the text of this provision and confirms its role in personality rights compensation disputes.

Employment law is also relevant. The Labour Law may allow the employee to terminate the employment contract for just cause in serious workplace harassment situations, especially where the employer, employer’s representative or another employee engages in conduct that violates honour, dignity, health or safety. Article 24 of the Labour Law regulates the employee’s right to immediate termination for just cause in listed circumstances.

In addition, Presidential Circular No. 2025/3 emphasizes that employers, managers and employees must avoid conduct that may amount to psychological harassment and that preventive and protective workplace policies should be developed. It also identifies complaint channels such as the workplace institution, CİMER, the Parliamentary Petition Commission, ALO 170, the Ministry of Labour and Social Security, the Human Rights and Equality Institution of Turkey and the Ombudsman Institution.

What Conduct May Constitute Mobbing?

Mobbing can take many forms. It may be direct, such as insulting the employee in front of others, shouting, threatening, humiliating, mocking personal characteristics or using degrading language. It may also be indirect, such as social isolation, removal from communication channels, giving meaningless tasks, blocking access to necessary information, excluding the employee from meetings, spreading rumours or constantly criticizing ordinary work without objective reason.

Common examples include:

Repeated shouting or humiliation in front of colleagues; constant unjustified criticism; assigning impossible workloads; giving tasks far below or far above the employee’s role to create failure; isolating the employee from team communication; spreading false rumours; mocking the employee’s appearance, gender, nationality, language, religion, disability or family situation; unjustified disciplinary warnings; repeated threats of dismissal; changing workplace or duties without legitimate business reason; blocking promotion; ignoring complaints; forcing the employee to resign; and retaliating against the employee after a legal complaint.

Sexual harassment, discriminatory harassment and retaliation may also overlap with mobbing. For example, an employee who rejects inappropriate conduct may later be systematically excluded or pressured. A foreign employee may be mocked because of language or nationality. A pregnant employee may be pushed out of work through hostile behaviour. In such cases, mobbing may combine with discrimination, sexual harassment, personality rights violation and unfair termination claims.

What Is Not Always Mobbing?

Not every workplace conflict is mobbing. Turkish courts generally distinguish mobbing from ordinary managerial decisions, occasional workplace tension, isolated rude behaviour, performance criticism, lawful disciplinary action, objective workload changes or legitimate business restructuring.

For example, a manager may criticize poor performance without this automatically becoming mobbing. The employer may change duties for legitimate business needs. A workplace may be stressful without mobbing. A single argument may be unpleasant but may not meet the legal threshold for systematic harassment.

However, a lawful-looking managerial decision may become part of mobbing if it is used repeatedly and abusively against a specific employee. For instance, constant performance warnings without evidence, repeated duty changes designed to humiliate the employee, impossible targets imposed only on one person, or exclusion from meetings necessary for work may support a mobbing claim when viewed as a pattern.

The legal analysis must therefore examine the full workplace chronology, not only isolated incidents.

Employer Liability for Mobbing

The employer may be liable for mobbing in several ways. First, the employer may personally commit the harassment through its managers, partners, directors or representatives. Second, the employer may be liable for failing to prevent harassment by other employees. Third, the employer may be liable for ignoring complaints, failing to investigate, retaliating against the employee or allowing a hostile working environment to continue.

Article 417 of the Turkish Code of Obligations does not merely prohibit the employer from personally harassing the employee. It requires the employer to take necessary measures to prevent psychological and sexual harassment and to protect employees from further harm after harassment occurs.

This means that an employer cannot defend itself simply by saying, “The harassment was done by another employee.” If the employer knew or should have known about the harassment and failed to take effective measures, liability may arise. The employer should establish complaint mechanisms, conduct fair investigations, protect confidentiality, prevent retaliation and take corrective measures.

Presidential Circular No. 2025/3 also emphasizes that employers and managers are primarily responsible for developing preventive and protective policies against psychological harassment in workplaces.

Material Compensation for Mobbing

Material compensation covers measurable financial losses caused by mobbing. These losses may include unpaid wages, loss of income after forced resignation, medical expenses, psychological treatment expenses, medication costs, loss of promotion opportunity, loss of bonus, loss of career opportunity, unpaid employment receivables and other financial damage linked to the harassment.

For example, if an employee resigns because of systematic workplace harassment and the resignation is legally treated as just cause termination, the employee may claim severance pay if statutory conditions are met. If the employer’s conduct caused the employee to lose salary, bonus, overtime or other receivables, these may also be claimed. If the employee needed psychiatric treatment or therapy because of workplace harassment, treatment expenses may be claimed if proven.

Material damages require documents. Salary records, payrolls, bank statements, employment contracts, medical invoices, therapy records, promotion documents, bonus policies and correspondence may become important.

The employee should not rely only on emotional explanations. A material compensation claim must show how the harassment caused a specific financial loss and how that loss is calculated.

Moral Compensation for Mobbing

Moral compensation is usually the most important part of mobbing cases. Workplace harassment directly affects dignity, psychological integrity, professional identity, honour, reputation and personal well-being. An employee may suffer anxiety, depression, sleep problems, panic attacks, loss of self-confidence, humiliation, social isolation, physical symptoms, burnout, fear of going to work or long-term psychological trauma.

Article 58 of the Turkish Code of Obligations supports moral compensation where personality rights are damaged. In mobbing cases, the employee’s personality rights, dignity and psychological integrity may be violated.

The amount of moral compensation is not calculated through a fixed tariff. The court considers the severity of harassment, duration, frequency, degree of employer fault, employee’s position, psychological impact, whether the conduct was intentional, whether it was public, whether the employer ignored complaints, whether the employee was forced to resign and the principle of fairness.

A strong moral compensation claim should explain the effect of mobbing on the employee’s life. It should describe how the harassment affected mental health, family life, professional reputation, daily functioning, sleep, social life and sense of dignity. Medical or psychological reports are very helpful, but witness statements, messages and workplace documents may also support the claim.

Just Cause Termination Due to Mobbing

An employee exposed to serious mobbing may have the right to terminate the employment contract for just cause. This is a strategic issue because an ordinary resignation may weaken the employee’s entitlement to severance pay, while a properly documented just cause termination may preserve important claims.

The Labour Law’s Article 24 regulates the employee’s right to terminate the employment contract immediately in certain serious situations. In mobbing cases, the employee may rely on health reasons, conduct contrary to honour and dignity, harassment, employer’s breach of duty or other relevant just cause grounds depending on the facts.

However, the termination letter must be drafted carefully. It should not simply say “I resign.” It should explain that the employee terminates for just cause due to systematic workplace harassment, employer’s failure to protect personality rights, violation of dignity, health effects, and other relevant facts. Evidence should be preserved before termination where possible.

A poorly worded resignation may create problems. Employers often argue that the employee voluntarily resigned. Therefore, employees should seek legal advice before submitting resignation or termination notices in mobbing cases.

Evidence Required for Mobbing Claims

Evidence is decisive in mobbing compensation cases. Mobbing is often difficult to prove because it occurs through repeated behaviour rather than one single document. Therefore, the employee should collect evidence systematically.

Useful evidence includes emails, WhatsApp messages, SMS records, internal chat messages, voice recordings where lawfully obtained, witness statements, performance reports, unjustified warning letters, disciplinary documents, medical reports, psychiatric or psychological records, HR complaints, CİMER or ALO 170 applications, workplace camera records, duty change letters, meeting invitations showing exclusion, payroll records, termination letters and written complaints.

The employee should prepare a timeline. The timeline should list dates, persons involved, conduct, witnesses, documents and consequences. Courts are more likely to understand mobbing when the pattern is shown chronologically.

Witnesses are often important. Colleagues may have observed shouting, humiliation, isolation, unfair treatment or retaliation. However, current employees may be afraid to testify. Former employees, suppliers or customers may sometimes provide stronger evidence.

Medical evidence may also be important. Psychiatric treatment records, psychological reports, prescriptions and sick leave reports may support the connection between workplace harassment and emotional harm.

Burden of Proof in Mobbing Cases

Mobbing is difficult to prove with absolute certainty. Turkish case law recognizes this difficulty. Yargıtay has stated that in mobbing cases, which are harder to prove than many other claims, strict and absolute proof should not be required at the first stage. If the employee presents facts that create suspicion of mobbing, the employer may need to prove that mobbing did not occur.

This does not mean the employee can win without evidence. The employee must still present concrete facts: repeated incidents, messages, witnesses, medical effects, complaints, unequal treatment, unjustified disciplinary pressure or other indicators. But the court should evaluate the whole pattern rather than demanding one perfect piece of proof.

The employer may defend by showing legitimate business reasons, objective performance problems, equal treatment, proper investigation, absence of systematic conduct, or lack of causal link between workplace events and claimed harm.

A well-prepared mobbing case should anticipate these defences and support each allegation with documents or witnesses.

Mandatory Mediation Before Mobbing Compensation Lawsuits

Most employment-related compensation claims in Turkey are subject to mandatory mediation before filing a lawsuit. Article 3 of the Labour Courts Law No. 7036 states that applying to a mediator is a condition of action for lawsuits concerning employee or employer receivables and compensation based on law, individual employment contracts or collective bargaining agreements, as well as reinstatement claims.

This means that a mobbing-related compensation claim, severance pay claim, wage claim or other employment receivable claim generally requires mediation before the lawsuit. If the employee files the lawsuit without completing mandatory mediation, the court may dismiss the case procedurally.

The mediation stage should be handled strategically. The employee should clearly identify claims such as moral compensation, severance pay, unpaid wages, overtime, annual leave, notice-related claims or other receivables. Settlement proposals should be carefully reviewed. A broad settlement clause may waive future claims if not drafted properly.

Mediation is not merely a formality. It may create an opportunity for settlement, but the employee should not sign an agreement without understanding its legal consequences.

Which Court Handles Mobbing Compensation Claims?

Mobbing compensation claims arising from employment relationships are generally handled by labour courts. The employee may file claims for moral compensation, material compensation, severance pay, unpaid wages, overtime, annual leave pay and other employment receivables depending on the facts.

If the employer is a public institution and the employee is a civil servant, the legal route may differ. Public employees may need to use administrative complaint mechanisms, disciplinary processes, administrative courts or public employment remedies depending on their status. Presidential Circular No. 2025/3 applies broadly to public and private workplaces in terms of prevention policy and complaint channels, but the court route depends on the legal status of the employee.

If the harassment also involves criminal conduct, such as insult, threat, sexual harassment, blackmail, unlawful recording or violation of privacy, a criminal complaint may be filed separately. However, criminal proceedings do not automatically provide full compensation. A labour compensation lawsuit may still be necessary.

Limitation Periods for Mobbing Compensation Claims

Limitation periods depend on the type of claim. Employment receivables, severance pay, unpaid wages, annual leave pay, overtime and compensation claims may be subject to specific labour limitation rules. Moral compensation based on personality rights and employer breach must also be evaluated according to the legal basis and dates.

Because mobbing usually develops over time, the starting point may be disputed. The employer may argue that older incidents are time-barred. The employee may argue that the conduct was continuous and that the final act or termination date should be considered. A careful chronology is therefore essential.

Employees should not delay. Evidence may disappear, messages may be deleted, witnesses may leave, medical records may become harder to connect and limitation disputes may arise. Legal advice should be obtained as soon as mobbing is suspected, especially before resignation or termination.

Mobbing, Discrimination and Equal Treatment Claims

Mobbing may overlap with discrimination. If an employee is targeted because of gender, pregnancy, nationality, disability, religion, language, union activity, political opinion, age or another protected characteristic, the claim may include discrimination and violation of equal treatment principles.

Examples include mocking a foreign employee’s accent, excluding a pregnant employee from work processes, pressuring a union member, assigning degrading tasks to an employee because of gender, or humiliating an employee because of disability. These facts may support both mobbing and discrimination claims.

The Human Rights and Equality Institution of Turkey may also be relevant where workplace conduct involves discrimination or harassment within the institution’s competence. The 2025 Presidential Circular expressly lists TİHEK among the complaint channels for workplace psychological harassment.

A legally strong claim should identify whether the case is only mobbing, only discrimination, or both. This classification affects evidence, remedies and complaint channels.

Mobbing and Sexual Harassment at Work

Sexual harassment at work may constitute a separate and serious violation, but it can also become part of a mobbing pattern. Sexual comments, unwanted messages, pressure for relationships, inappropriate touching, threats after rejection, spreading rumours about private life, or retaliatory exclusion may create both harassment and mobbing liability.

Article 417 of the Turkish Code of Obligations expressly requires the employer to take necessary measures to prevent both psychological and sexual harassment and to prevent further harm to employees who have suffered harassment.

In sexual harassment cases, the employer’s response is critical. If the employee complains and the employer ignores the complaint, protects the harasser, retaliates against the victim or fails to investigate confidentially, employer liability may increase. Criminal complaint, labour compensation lawsuit, termination for just cause and administrative complaints may all need to be considered depending on the facts.

Evidence may include messages, witness statements, camera records, HR complaints, medical records, internal investigation documents and criminal investigation files.

Mobbing in Remote Work and Digital Workplaces

Mobbing is not limited to physical workplaces. It can occur in remote work, hybrid work and digital communication channels. An employee may be harassed through email, video meetings, workplace chat applications, task management systems, late-night messages, exclusion from online meetings, public humiliation in group chats or constant digital surveillance.

Digital mobbing may leave stronger evidence than traditional harassment. Emails, Slack messages, Teams records, WhatsApp messages, screenshots, meeting recordings and project management logs may show repeated pressure, humiliation, exclusion or impossible demands.

However, employees should be careful when collecting digital evidence. Evidence should be obtained lawfully. Unlawful recording, unauthorized access to accounts or breach of privacy may create separate legal problems. A lawyer should evaluate the safest way to preserve digital evidence.

Mobbing Claims by Foreign Employees in Turkey

Foreign employees working in Turkey may claim compensation for mobbing and workplace harassment if Turkish labour law applies or Turkish courts have jurisdiction. Foreign employees may be particularly vulnerable because of language barriers, work permit dependency, immigration concerns, unfamiliarity with Turkish law and fear of losing employment.

Mobbing against foreign employees may include mocking nationality, accent or language, excluding the employee from communication, threatening work permit cancellation, using immigration status as pressure, assigning degrading tasks or paying less because the employee is foreign.

A foreign employee should preserve employment documents, work permit records, salary records, messages, witness information, HR complaints, medical records and termination documents. Documents in foreign languages may need sworn translation. A Turkish lawyer can represent foreign employees in mediation and labour court proceedings.

Foreign employees should not assume that they have no rights because they are not Turkish citizens. Turkish law protects employees working under employment relationships in Turkey, subject to the legal classification of the relationship and jurisdiction.

Administrative Complaint Channels

Employees exposed to workplace mobbing may use several complaint channels in addition to court proceedings. Presidential Circular No. 2025/3 states that employees exposed to psychological harassment may apply through relevant procedures to their institution, CİMER, the TBMM Petition Commission, ALO 170, the Ministry of Labour and Social Security, the Human Rights and Equality Institution of Turkey and the Ombudsman Institution.

These complaint channels may help document the problem, trigger inspection or investigation, create official records and support later legal action. However, administrative complaint does not always replace mediation or a labour court lawsuit. If compensation is sought, the employee usually needs to pursue the correct legal procedure.

Employees should keep copies of all complaints and responses. A written complaint made during employment may show that the employer was notified and failed to act.

Common Mistakes in Mobbing Claims

Common mistakes include resigning without a clear just cause notice, failing to collect evidence, relying only on verbal allegations, waiting too long, not seeking medical support, not making written complaints, signing settlement documents without legal review, confusing ordinary workplace conflict with mobbing, exaggerating claims without evidence and failing to complete mandatory mediation before filing a lawsuit.

Another common mistake is focusing on isolated events rather than the pattern. Mobbing cases are usually won through chronology. The employee should show repeated conduct, target selection, employer knowledge, health or professional harm, and the connection between events.

Employers also make mistakes. Ignoring complaints, failing to investigate, retaliating against the complainant, not keeping records, allowing managers to humiliate employees, and treating mobbing as a “personal conflict” may strengthen employee claims.

Practical Steps for Employees Exposed to Mobbing

An employee exposed to mobbing should act carefully and systematically.

First, prepare a dated chronology of incidents. Second, preserve written evidence such as emails, messages, warnings, duty changes and performance records. Third, identify witnesses. Fourth, make written internal complaints if safe and appropriate. Fifth, seek medical or psychological support if the harassment affects health. Sixth, avoid emotional resignation messages. Seventh, obtain legal advice before termination. Eighth, consider official complaint channels such as ALO 170, CİMER or relevant institutions. Ninth, calculate all employment receivables and compensation claims before mediation. Tenth, avoid signing settlement documents without legal review.

A worker should also avoid unlawful evidence-gathering methods. The goal is to build a strong case without creating separate legal risks.

Why Legal Representation Is Important

Mobbing and workplace harassment claims are legally sensitive and evidence-heavy. They require analysis of labour law, personality rights, employer liability, just cause termination, mediation procedure, witness strategy, medical evidence, digital evidence and compensation calculation.

A lawyer can help determine whether the conduct legally qualifies as mobbing, prepare a termination notice, file mandatory mediation, calculate severance and receivables, claim moral and material damages, prepare witness lists, present evidence and respond to employer defences.

Legal representation is especially important when the employee is still working, when the employer pressures the employee to resign, when there are serious mental health consequences, when sexual harassment or discrimination is involved, when the employee is foreign, or when the employer uses disciplinary procedures as retaliation.

A strong mobbing claim should not merely say “I was psychologically harassed.” It should show what happened, when it happened, who did it, how often it happened, who witnessed it, what documents prove it, how the employer failed to prevent it, what damage occurred and what compensation is legally justified.

Conclusion

Compensation for mobbing and workplace harassment in Turkey protects employees whose dignity, personality rights, psychological integrity, health and professional life are harmed by systematic workplace pressure. Turkish law recognizes the employer’s duty to provide a respectful and safe working environment. Article 417 of the Turkish Code of Obligations expressly requires employers to protect the employee’s personality and to take necessary measures against psychological and sexual harassment.

Mobbing may give rise to material compensation, moral compensation, severance pay, unpaid employment receivables, just cause termination and, in some cases, criminal or administrative complaints. Article 58 of the Turkish Code of Obligations provides a basis for moral compensation where personality rights are damaged.

Yargıtay case law emphasizes that mobbing requires systematic, continuous and targeted conduct, and that isolated rude or unethical behaviour may not always be sufficient. At the same time, Yargıtay recognizes that mobbing is difficult to prove and that the employee’s presentation of suspicious facts may shift the evidentiary burden toward the employer.

The 2025 Presidential Circular on workplace psychological harassment strengthens the policy framework by emphasizing prevention, training, complaint mechanisms and the responsibility of employers and managers to develop protective workplace policies.

A successful mobbing compensation claim in Turkey depends on timely action, strong evidence, a clear chronology, medical support where necessary, proper mediation procedure and careful legal strategy. Employees, including foreign employees working in Turkey, should preserve documents, avoid hasty resignation, use written complaints where appropriate and seek legal assistance before taking irreversible steps.