Mobbing (Workplace Psychological Harassment)

Mobbing is the systematic and persistent exposure of an employee at work to pressure aimed at intimidating, excluding, humiliating, suppressing or forcing them out. Mobbing may come from the employer (vertical), from managers towards subordinates, between colleagues (horizontal) or, rarely, from subordinates towards superiors.

Legal Basis

Under Article 417 of the Turkish Code of Obligations, the employer must protect and respect the employee’s personality, ensure order in the workplace consistent with good faith and, in particular, take the necessary measures to prevent employees from being subjected to psychological and sexual harassment and to prevent those harassed from suffering further harm. The employer may be liable for failing to take measures even if it did not itself engage in mobbing.

Conduct That May Constitute Mobbing

• Constant and unjustified criticism, humiliation in front of others,
• Excluding the employee, keeping them away from meetings and information,
• Assigning work below their qualifications or no work at all,
• Setting unattainable targets, repeatedly demanding written defences,
• Pressure aimed at forcing resignation.

A one-off argument or ordinary management decisions are generally not mobbing; what is decisive is that the conduct is systematic and persistent.

The Employee’s Rights

An employee subjected to mobbing may terminate the contract for just cause and is entitled to severance pay. They may claim non-pecuniary damages for breach of personality rights and pecuniary damages for any loss suffered. The Court of Cassation does not require conclusive evidence of mobbing; a strong conviction arising from the events as a whole is sufficient.

Prevention

The most effective way for an employer to limit liability is prevention: a written mobbing and harassment policy, a safe reporting channel (a whistleblowing hotline), impartial internal investigation of complaints and training for managers. Disciplinary action against an employee who engages in mobbing is also part of the employer’s duty of protection.