Systematic conduct at a workplace aimed at wearing an employee down, driving them away or forcing them to resign is termed mobbing (psychological harassment) in law, and grants the victim important rights including a mobbing compensation claim. A single argument, a passing tension or a manager's harsh tone is not in itself mobbing; what is decisive is that the conduct carries continuity and system and serves a purpose of intimidation. Cases brought without this distinction properly established often meet a problem of proof.
The elements of mobbing #
In the decisions of the Court of Cassation, the following elements are required together for conduct to be deemed psychological harassment:
- Continuity and system: The conduct must be repeated over a period, not a one-off. In practice conduct spread over a certain time, having become a pattern, is required.
- Intent to intimidate: There must be an intent to cool the employee towards the job, to weary them, or to force them to leave of their own accord.
- Targeting the person: It takes forms such as ignoring, humiliation, belittling, imposing unrealistic targets, constant and unjustified criticism, giving no work at all, or occupying the employee with tasks far below their qualifications.
This conduct may be from superior to subordinate, or it may occur between colleagues; in either case the employer is under an obligation to protect the employee and to take the necessary measures. An employer who takes no measure is also liable.
Legal basis: The employer’s duty to protect the employee is set out in Article 417 of the Turkish Code of Obligations No. 6098; the employee’s right of immediate termination for just cause is in Article 24 of the Labour Law No. 4857.
How is proof made? #
In mobbing files proof is the heart of the case, because this conduct is often carried on without witnesses and off the record. But settled case-law brings an important ease in the victim's favour: instead of the events being proved with full certainty, putting forward strong indications and facts is deemed sufficient. The main evidence that helps is:
- E-mails, messages and correspondence; performance reviews, requests for a written defence and disciplinary records.
- The testimony of colleagues sharing the same environment.
- Medical reports concerning psychological disorder, and doctor and therapy records.
- Records of complaints and notifications to CİMER, ALO 170 or within the workplace.
- Documents showing sudden and unjustified changes in the job description.
Which compensation can be claimed? #
An employee subjected to psychological harassment may hold more than one right. Systematic harassment gives the possibility of terminating the employment contract for just cause; in that case, even though the employee does not continue working, they become entitled to severance pay. In addition, moral compensation for the violation of personal rights, and, where the conditions are met, unpaid overtime and other employee receivables, can be claimed. An employee within the scope of job security who is unfairly dismissed may also resort to reinstatement.
Process and limitation #
In these disputes arising from the employment contract, before bringing an action mediation is a compulsory preliminary stage for most claims; if agreement is not reached there, the litigation route is taken. Since the limitation periods laid down in law for compensation and receivable claims run, one should not wait too long after the harassment ends or after termination. Acting early is also important so that the evidence does not become unreachable over time. You can consult our labour and social security law page.
Situations that do not count as mobbing #
Not every negative experience at work is psychological harassment. The employer’s power to organise and supervise the work falls within the right of management; the lawful use of that right does not constitute mobbing. Drawing the distinction correctly prevents both unnecessary litigation and genuine harassment being seen as “the nature of the job”.
Conduct that stays within the limits of the right of management #
- Performance assessment and setting targets: Targets that are measurable, applied to everyone by the same criteria and achievable are an exercise of the right of management. Setting the same target for only one employee in a way that cannot be reached is an indicator of harassment.
- Disciplinary investigation and requests for a written defence: An investigation based on a concrete incident and conducted properly is legitimate. Continuous and baseless requests for a defence, on the other hand, point to an intent to wear the employee down.
- Change of duties and place of work: A change made so far as the contract or the needs of the work allow falls within the right of management. Assigning the employee to work markedly below their qualifications, taking away their room and means of communication, and not inviting them to meetings are examples of exclusion.
One-off incidents #
A raised voice in a meeting, a single harsh criticism or a momentary argument is not assessed as mobbing so long as it does not show continuity. If such conduct is serious in concrete terms it may be dealt with separately as the offence of insult or as a violation of personality rights; but for the classification of psychological harassment a systematic pattern is required.
Where can a complaint be made? #
There are administrative routes that may be used before or alongside court proceedings. These applications also leave a record showing that the employer knew of the situation, which helps in any later case.
| Where to apply | For what | Result |
|---|---|---|
| Ministry of Labour and Social Security (ALO 170) | Complaints of psychological harassment, wages and working conditions | Inspection by a labour inspector; administrative sanction |
| Human resources or the disciplinary board at the workplace | Internal resolution and creating a record | A written application carries evidential value |
| Public prosecutor’s office | Acts constituting an offence such as insult, threat, torment or sexual harassment | Criminal investigation |
| Human Rights and Equality Institution of Türkiye | Discrimination and harassment on grounds such as sex, religion or disability | Administrative fine and a finding decision |
An administrative application does not replace a compensation case before the labour court; limitation periods do not stop because an administrative application has been made.
If you are a public official the route is different #
Civil servants and other public officials apply not to the labour court but to the administrative courts. The order to follow is this:
- The incidents are reported in writing to the superior authority; where necessary, the opening of a disciplinary investigation is requested.
- A compensation application is made to the administration for the loss suffered. If the administration does not reply within sixty days, the request is deemed rejected.
- A full remedy action is brought before the administrative court within sixty days of service of the rejection or of the implied rejection.
For public officials the existence of psychological harassment is assessed as a service fault and non-pecuniary damages may be awarded. If the official’s transfer or change of place of duty has been used as an instrument of harassment, annulment of that act may also be sought within the same period.
In summary, mobbing shows itself not in a single event but in an ongoing pattern carrying an intent to intimidate. The victim's strongest card is documenting this pattern in good time and in an orderly way. When correspondence, witnesses and medical records come together, the burden of proof is significantly eased in the victim's favour, and the claims for just-cause termination, severance pay and moral compensation rest on a solid footing. Rather than steps taken in haste, assessing the rights as a whole often gives a more favourable result. It must not be forgotten that in a mobbing claim the concrete evidence gathered in time is the most important factor determining the outcome of the file, and some of that evidence is much harder to reach after leaving the job.
Steps to take on encountering mobbing #
What to do while it is happening #
An employee who believes they are being subjected to psychological harassment should take certain steps to protect their rights while the process is still ongoing:
Before resigning #
- Keep a record: Write down the events regularly with their date, time and witnesses; keep the correspondence and instructions.
- Give written notice: Report the situation in writing to the responsible person at the workplace or to human resources; this documents the employer's duty to take measures.
- Get health support: Convey the effects you experience to a physician; the reports obtained matter both for your treatment and for your file.
- Formal complaint: If necessary, put the process on record by applying through CİMER or ALO 170.
These steps significantly ease the burden of proof in any action that may later be brought. Rather than a resignation letter given in haste, assessing the rights beforehand matters so that receivables such as severance pay are not lost.
This content is for general information only; it does not replace legal advice on a specific matter. Periods and conditions may change according to the legislation in force.
