What is mobbing under Turkish law?
Mobbing (işyerinde psikolojik taciz) refers to systematic, persistent, and hostile treatment of an employee at the workplace, intended to humiliate, marginalise or force resignation. While Turkish labour law does not define “mobbing” by name in statute, courts have built a robust mobbing jurisprudence anchored in Turkish Civil Code Article 24-25 (personality rights), Turkish Code of Obligations Article 417 (employer’s duty of care), Constitutional Article 17 (personal integrity), and Labour Law Articles 24 and 25 (just cause termination).
Elements of mobbing per Yargıtay
- Systematic: a pattern, not isolated incidents.
- Continuous: typically at least 6 months of repeated conduct.
- Hostile or humiliating: negative intent or effect on the employee’s dignity.
- Workplace context: from supervisors, peers, or even subordinates.
- Causal harm: psychological, professional or health damage.
Burden of proof
Yargıtay applies a relaxed burden of proof — the employee must establish “strong indications” (kuvvetli emare) of mobbing, after which the burden shifts to the employer. Evidence includes emails, witness statements, medical reports, performance assessment patterns, and HR file documentation.
Remedies
- Just cause resignation (Article 24): retains severance pay.
- Material damages: lost wages, medical costs.
- Moral damages (manevi tazminat): Yargıtay routinely awards TRY 5,000-50,000+ depending on severity.
- Criminal complaint: potential offences include intimidation (TCK 106), threat (TCK 105), defamation (TCK 125).
Employer’s preventive duties
TBK Article 417 imposes the employer’s duty of care, including taking measures to prevent mobbing. Best practice: written anti-mobbing policy, confidential complaint channel, independent investigation procedure, periodic training, and protection against retaliation.
Yapın: implement and publicise an anti-mobbing policy; investigate complaints promptly; document all steps.
Yapmayın: dismiss the complaint informally or retaliate against the complainant — Yargıtay will treat retaliation as aggravating factor in damages assessment.