Mobbing refers to systematic, persistent psychological pressure, humiliation, and exclusionary conduct directed at an employee in the workplace, aimed at driving that person out of the job or wearing them down. Under Turkish law, mobbing is not addressed by a separate dedicated law, but is assessed within the framework of the provisions of the Constitution protecting personality rights, the employer's duty to protect the employee under the Turkish Code of Obligations (Art. 417), and general tort provisions.
Elements of Mobbing
For conduct to be considered mobbing, the following elements are generally required to be present together:
- Persistence - Not a one-off argument or piece of criticism, but conduct repeated over a certain period.
- Intent/Systematic Nature - Conduct carrying the purpose of wearing down, excluding, or forcing the employee to resign.
- Attack on Personality Rights - Conduct of a nature that damages the employee's honor, dignity, or mental health.
Termination for Justified Cause and Severance Pay
An employee who is subjected to mobbing by the employer, or whose employer knowingly fails to prevent it, may immediately terminate the employment contract for justified cause under Labor Law Art. 24. In that case, the employee becomes entitled to severance pay, provided they have completed one year of service; in a termination for justified cause, there is no question of the employee paying notice pay.
Moral Compensation
If mobbing has caused injury to personality rights, the employee may additionally claim moral compensation under TCO Art. 58. The amount of moral compensation is determined at the judge's discretion, based on concrete factors such as the severity of the event, its duration, and the effect it has had on the employee.
The Problem of Proof
The greatest difficulty in mobbing claims is proof. Written correspondence (email, messages), witness statements, health reports (if any), and a chronological record of changes in duties/authority at the workplace are all evidence supporting a mobbing claim.
Conclusion
A termination and compensation claim based on an allegation of mobbing is a process with a heavy burden of proof, requiring the specific events to be set out systematically and without interruption. Recording evidence as events occur is of great importance.
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