The Role of Turkish Law in Protecting Employee Rights
🔷 INTRODUCTION
In modern working life, protecting employees not only physically but also psychologically has become one of the main goals of labor law. One of the frequently discussed issues in this context is workplace mobbing, also known as psychological harassment. Systematic targeting, exclusion, or humiliation of an individual by an employer or colleagues can lead to serious consequences at both the individual and institutional level.
This article provides a detailed analysis of the concept of mobbing in Turkish law, including its definition, legal elements, burden of proof, legal remedies, and relevant court decisions.
🔷 1. What is Mobbing? Legal Definition
Mobbing is also referred to as “emotional harassment” or “psychological violence” in the literature. Legally, mobbing refers to a set of systematic, intentional, and continuous negative behaviors directed toward an employee in the workplace. These behaviors often include:
- Insulting, belittling, or excluding the employee,
- Constant criticism or blaming,
- Taking away responsibilities or assigning irrelevant tasks,
- Damaging professional reputation,
- Social isolation.
🔷 2. Legal Elements of Mobbing
According to the Turkish Court of Cassation (Yargıtay) and academic views, the following elements must be present for behavior to be classified as mobbing:
- Systematic: The behavior must be repetitive and not isolated.
- Continuous: The conduct must persist over a period (generally a few months).
- Intentional: The behavior should aim to wear down or push out the target.
- Work-related: The actions must occur within the context of the employment relationship.
- Damage: The employee’s personal rights, mental health, or career must be adversely affected.
🔷 3. Legal Grounds
Although there is no specific article titled “mobbing” under Turkish law, various legal provisions provide indirect protection:
- Constitution, Art. 17: Protection of physical and mental integrity.
- Turkish Code of Obligations, Art. 417: Employer’s duty to protect the employee’s personality.
- Turkish Civil Code, Art. 24–25: Protection of personal rights.
- Turkish Penal Code, Arts. 94, 105, 125: Torture, sexual harassment, insult.
- Labor Law, Art. 24/II: Right of the employee to terminate employment for just cause.
- ILO Conventions & ECtHR decisions: International standards on workplace dignity and safety.
🔷 4. Burden of Proof and Evidence
In mobbing cases, the employee must provide concrete evidence of the harassment. Acceptable evidence may include:
- Witness statements,
- Written documents (emails, messages, internal memos),
- Medical reports (psychological damage),
- CCTV footage (if applicable),
- Performance review records.
However, the Turkish Court of Cassation has, in some cases, accepted presumptive proof and shifted the burden to the employer when the systematic nature of mobbing was clearly established.
🔷 5. Legal Remedies
Victims of workplace mobbing may pursue one or more of the following legal avenues:
- Filing a compensation lawsuit (for material/moral damages) in labor courts,
- Termination of employment for just cause (with right to severance pay),
- Filing a criminal complaint (insult, harassment, etc.),
- Administrative complaints (to the Ministry of Labor or Presidential Communication Center – CİMER),
- Internal workplace grievance mechanisms (if available).
🔷 6. Case Law Examples
- Court of Cassation, 9th Chamber, 2014/17669: Constant belittlement by a superior was found to constitute mobbing, and the employee was awarded moral compensation.
- Court of Cassation, 22nd Chamber, 2016/33660: A three-year campaign of exclusion and arbitrary reassignment was recognized as mobbing.
- Court of Cassation, 7th Chamber, 2019/1809: Continuous exclusion of a female employee was qualified as emotional harassment.
🔷 CONCLUSION
Workplace mobbing is a serious issue that affects not only the psychological health of the employee but also the integrity of the work environment. Although Turkish law does not explicitly define mobbing in a single statute, it offers a variety of legal tools to protect workers from such conduct.
For this protection to be effective, employees must document the harassment thoroughly and, if possible, seek legal assistance. Employers, on the other hand, should take proactive steps—such as training, monitoring, and establishing internal procedures—to prevent mobbing and mitigate their legal liability.
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