Mobbing is persistent, systematic and ongoing psychological violence or intimidation behaviors against another person by one or more people in the workplace.
Elements of Mobbing
- Continuity:Systematic repetition, such as once a week, for at least 6 months
- Intent:The purpose of disturbing or excluding the victim
- Hierarchical or horizontal relationship:Between superior-subordinate or colleagues
- Negative impact on the victim: Psychological, physical health effects
Mobbing Behavior Examples
- Constant criticism, humiliation
- Not being assigned a task or being demoted to the position under which one is working
- Cease of communication (keeping silent, ignoring)
- Not being invited to meetings
- Deliberately setting impossible goals
- Don't spread gossip
- Personal attack (clothing, physical appearance)
- Overloading or not giving any work at all
Legal Framework
- Constitution Article 17:Protecting the material and spiritual existence of the person
- Labour Law Article 5: Obligation of equal treatment
- TBK article 49: Tort liability
- TBK article 417: Employer's obligation to protect the employee
- OHS Law No. 6331:Employee health (including psychosocial risks)
Victim's Burden of Proof
Mobbing is difficult to prove; It is necessary to create a evidence chain:
- Emails, messages (WhatsApp, Skype, Slack)
- Inconsistencies in performance evaluations
- Witness statements (colleagues if possible)
- Medical reports (depression, anxiety, sleep disorder)
- Psychiatric treatment documents
- Records of internal complaints made to the company
- Performance/disciplinary notes
Court of Supreme Court 9th HD and 22nd HD Jurisprudence
The 9th Chamber of the Supreme Court of Appeals emphasizes in many decisions that mobbing must have a "continuity" nature and that its proof must be supported by versatile evidence and a Forensic Medicine Institute report. Occasional events do not constitute mobbing.
22. HD accepts that the employee who terminates the employment contract due to mobbing uses his right to "termination for just cause" and therefore may claim moral compensation in addition to severance and notice pay.
What the Victim Should Do
Types of Compensation
- Pecuniary compensation: In exchange for the pain and suffering experienced by the victim
- Financial compensation: Treatment expenses, loss of earnings
- Severance-notice pay:If justified termination is used due to mobbing
Court in Charge
- Officer: Labor Court
- Prescription: 10 years (tort)
Mobbing files are sensitive, multi-evidence and long-term processes; Support from lawyer experienced in labor law is important.