Working life is extremely important in terms of sustaining one’s material and spiritual existence. However, sometimes employees may be subjected to systematic pressure, exclusion, humiliation or psychological intimidation, especially by their employers. Such practices are defined as “mobbing” or psychological harassment in our legal system and can have serious consequences.
Mobbing by the boss not only disrupts the peace in the workplace, but can also have devastating effects on a person’s health, career and social life. Therefore, it is of utmost importance that victimized employees know their legal rights and take legal action when necessary.
What is Mobbing? Which Behaviors Count as Mobbing?
Mobbing (psychological harassment) refers to the systematic, deliberate and prolonged humiliation, exclusion, discrediting or pacification of an employee at work. Mobbing by the boss usually occurs in the form of abuse of power of authority.
The following behaviors can be considered within the scope of mobbing:
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Constant and unjustified scolding or shouting,
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Limiting or taking away powers and responsibilities,
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Humiliation by insult, derogatory remarks or innuendo,
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Increasing the workload or not assigning tasks,
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Deliberate underestimation of performance,
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Pushing the employee into isolation, preventing them from communicating,
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Constant psychological pressure to resign.
Over time, mobbing actions alienate the employee from his/her job, impair his/her psychological health and make it unsustainable for him/her to stay at work. At this point, the employee may terminate the employment contract for just cause and seek his/her rights through litigation.
WHICH LAWSUITS CAN BE FILED AGAINST MOBBING BY THE BOSS?
In the face of systematic pressure and psychological intimidation practices of the boss, there are multiple legal remedies that the aggrieved employees can legally apply. These remedies are evaluated in terms of labor law, compensation and criminal law. The damage suffered by the employee is not only limited to the termination of employment, but also includes moral damage arising from the violation of personal rights.
Below, the main legal remedies against mobbing are explained in detail:
Termination of Employment Contract for Just Cause and Severance Pay Case
Pursuant to Article 24 of the Turkish Labor Code, an employee may terminate his/her employment contract immediately for just cause in the event of the employer’s behavior contrary to the rules of morality and good faith. Behaviors such as the boss’s continuous humiliating attitude, belittling words or assigning tasks contrary to the nature of the work are considered within this scope.
In this case, the rights that the employee can claim are as follows:
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Severance pay: Employees with at least one year of employment can claim severance pay if they terminate the contract for just cause.
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Unused annual leave wages and other labor receivables: Unpaid rights such as salaries, overtime, premiums, etc. can also be requested within the scope of this lawsuit.
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No notice pay is payable: Because there is immediate termination for just cause.
Such cases are usually brought in labor courts and supported by evidence such as witness statements, written communication records and medical reports.
Moral Compensation Lawsuit
Mobbing practices constitute a serious attack on the personal rights of the employee. An employee who is under constant psychological pressure is emotionally worn out, loses self-confidence and sometimes has to undergo psychological treatment. In such cases, the employee may claim moral compensation.
The following points are taken into account in a claim for moral damages:
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Duration and severity of mobbing,
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Psychological and physical effects,
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Reputational damage to the employee,
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Degree of proof of events.
The court determines the amount of compensation according to the nature of the concrete case. The chances of success in such cases depend on the strength of the evidence presented and the demonstrability of the systematicity of the incident. At this stage, we are meticulously documenting the entire life of our clients to ensure that they are compensated for the moral damage they deserve.
Employer’s Criminal Liability and Right of Complaint
Mobbing by the boss is not only a violation of labor law; in some cases, it may also constitute a crime under the Turkish Criminal Code. In particular, the following types of actions can be evaluated in terms of criminal law:
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Insults or threats,
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Discrimination based on gender, age or belief,
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Continuous harassment with the aim of forcing the person to resign.
In such cases, the employee can file a criminal complaint directly to the Public Prosecutor’s Office. If the Public Prosecutor’s Office deems it necessary, it will initiate an investigation and a public case may be filed against the employer.
Also working;
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They can file a mobbing complaint by contacting the ALO 170 line,
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Request an audit by submitting a written application to the Ministry of Labor and Social Security,
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If there is collective mobbing in the workplace, these complaints can be audited and reported by Labor Inspectors.
The determination of criminal liability also contributes to a stronger justification of the employee’s pecuniary/non-pecuniary damages.
Things to Consider in a Mobing Case
There are some important points to consider when filing a mobbing lawsuit:
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The process is systematic: One-off bad behavior is not mobbing. Actions must be continuous.
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Evidence importance: Documents such as e-mail correspondence, witness statements, psychological reports, disciplinary actions, etc. are evidence.
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Statute of limitations: A lawsuit must be filed within 5 years of the termination of the employment contract.
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Good faith behavior: The employee must also make it clear that his or her behavior does not disturb the workplace order.
In such cases, we analyze the process experienced by our clients in detail within the legal framework; we aim for the most effective result in terms of both labor receivables and moral compensation.
Legal remedies against psychological pressure at work by the boss are open. This situation is not fate, but a clearly violated right. Employees have the opportunity to have both their receivables arising from labor law and attacks on their personal rights compensated before the court.
Contact Us
Are you being subjected to systematic pressure by the boss at work? To learn your rights against mobbing and to get detailed support about the legal process
you can contact us. As lawyer Atakan Ayhan, we resolutely defend all rights of mobbing victims and meticulously carry out litigation and application processes on behalf of our clients.
