Workplace Bullying

In working life, not only the employee’s physical safety but also their psychological integrity and personality rights (kişilik hakları) are among the values that must be protected. Systematic behaviour at work aimed at intimidating or excluding an employee, making them feel worthless or pushing them out of the employment relationship may be considered mobbing in legal terms.

Mobbing refers to psychological harassment (psikolojik taciz) against an employee at the workplace that continues over a certain period and that is intentional or has a negative effect on the employee through its results. Such behaviour can make the employee’s working conditions harsher, damage their personality rights and make the employment relationship unbearable.

What Is Mobbing?

Mobbing is the general name for systematic pressure, exclusion, humiliation or intimidation directed at a person in the working environment.

For behaviour to be accepted as mobbing, there generally needs to be a process that continues over a certain period, is repeated and creates psychological pressure on the employee, rather than a single incident.

Certain behaviour by colleagues, managers or the employer may be considered mobbing, depending on the circumstances.

What Are Examples of Mobbing at Work?

Mobbing does not always take the form of an open insult or threat. In some cases, it may be applied through more hidden methods.

The employee being constantly isolated from other employees, their tasks being made meaningless, being exposed to constant unfair criticism, having their authority reduced, their work being presented as worthless, or a working environment being created that forces them to leave may all be the subject of mobbing claims.

However, not every negative experience at work automatically means mobbing. The nature of the behaviour, its continuity and its effect on the employee must be assessed together.

The Difference Between Mobbing and the Employer’s Right to Manage

The employer has the right to direct and supervise employees and to make the arrangements that the work requires. However, this power cannot be used in a way that violates the employee’s personality rights.

Carrying out performance appraisals, assigning tasks as the work requires or organising the work is not in itself considered mobbing.

What matters is whether the employer exercises its right to manage lawfully.

How Is Mobbing Proven?

One of the most important issues in mobbing claims is proof, because psychological harassment can often occur without leaving any physical trace.

It is therefore very important to set out the events in chronological order and to preserve the available evidence.

E-mail correspondence, message records, workplace documents, changes of duties, performance records, witness statements, medical reports and other documents may be among the evidence that can be used in assessing mobbing claims.

Can a Mobbing Lawsuit Be Filed?

An employee subjected to psychological harassment at work may use various legal remedies if what they experienced meets the legal conditions.

Legal claims may arise where personality rights have been violated because of mobbing and financial or non-material damage has occurred.

What matters in the lawsuit is to show not only that there were problems at the workplace, but that these problems were unlawful, systematic and harmful to the employee.

Terminating the Employment Contract Because of Mobbing

Where the psychological pressure suffered by the employee makes the working relationship unbearable, ending the employment contract may become an option.

However, the legal nature and consequences of the employee’s termination must be assessed according to the circumstances. To avoid losing rights, it is important to conduct the termination process correctly.

Compensation Claims for Mobbing

As a result of mobbing, the employee’s personality rights may have been harmed and psychological or financial losses may have occurred.

Depending on the circumstances of the case, claims for material and non-material damages (maddi ve manevi tazminat) may be considered. In determining the amount of compensation, the severity and duration of the events, the fault of the parties and the resulting damage are taken into account.

The Employer’s Duty to Prevent Mobbing

Employers have an obligation to protect the personality of their employees and to provide a safe working environment.

Ignoring claims of psychological harassment at work or failing to take the necessary measures may result in legal liability for the employer.

In corporate working environments, open communication, effective human resources policies and practices that respect employee rights help to reduce the risk of mobbing.

Mobbing and Seeking Your Rights Under Employment Law

Mobbing claims should not be seen only as a personal problem between the employee and the employer. Mobbing is also an employment law issue that matters for peace at work, personality rights and the employer’s legal liability.

To assess the process correctly, the events must be considered as a whole, the evidence must be preserved and the appropriate legal route must be determined.

Protecting Your Rights Against Psychological Harassment at Work

In mobbing claims, each case is assessed on its own facts. It is not possible to reach a definite conclusion without examining together the nature of the behaviour, how often it is repeated, its effect on the employee and the employee’s position in the employment relationship.

To prevent violations of personality rights in the working environment and to resolve the resulting disputes lawfully, the process must be conducted carefully.