Mobbing (Psychological Harassment in the Workplace): AYM Approach

Mobbing (psychological harassment in the workplace) is a set of behaviors that systematically target employees and harm their dignity, personality and professional competence. Although it does not have a direct definition in Turkish law, it is an established concept shaped by jurisprudence.

Elements of Mobbing

• Systematicity: Behaviors that are continuous, not one-time.
• Duration: At least 6 months (general criterion; flexible in the concrete case).
• Intensity: At least once a week (general criterion).
• Targeted: Directed towards a specific employee.
• An attack on honor and personal rights.

Typical Mobbing Behaviors

• Suspension from duty, making meaningless work.
• Constant criticism and humiliation.
• Communication interruption (meeting, email exclusion).
• Not giving the deserved promotion.
• Do not humiliate in front of other employees
• Prevention of annual leave/report rights.

Legal Consequences

• Labour Law Article 24/II: The employee's right to termination for just cause.
• The right to severance pay arises.
• Pecuniary damage (TBK art. 49, TMK art. 25).
• Material compensation (loss of earnings).
• Administrative fine (Law No. 6331).

Burden of Proof and Methods

The mobbing claim is proven by the worker; However, the Supreme Court of Appeals relaxes the standard of proof with an interpretation based on "ordinary life experience":

• E-mail, message records.
• Witness statements (especially former employee).
• Health report (anxiety, depression).
• Sudden change in performance reports.
• Arrangements/patterns in the personnel record.

AYM Individual Application Decisions

The Constitutional Court has ruled on violations in mobbing allegations against public officials within the scope of the right to protect one's material and moral existence (Law Art. 17) and right to work (Ly Art.49); The administration's obligation to conduct the necessary investigation was emphasized.

Supreme Court 9th and 22nd HD — Established Approach

9. and 22. HD looks for the triad of "continuity, intensity, targetedness" in mobbing evaluation; A single event is insufficient, but it can be accepted as a starting point that points to systematics. In non-pecuniary damages, the socio-economic status of the parties, the severity of the behavior and the length of time are taken into consideration.

Practical Steps