{"id":171,"date":"2022-08-17T09:00:00","date_gmt":"2022-08-17T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/is-hukukunda-psikolojik-taciz-mobbing\/"},"modified":"2026-10-01T14:08:14","modified_gmt":"2026-10-01T14:08:14","slug":"mobbing-psychological-harassment-at-work","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/is-hukukunda-psikolojik-taciz-mobbing\/","title":{"rendered":"Psychological Harassment (Mobbing) in Employment Law"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>Mobbing in labour law<\/strong>, that is, psychological harassment, is a problem that can directly affect an employee\u2019s personality rights and working life. Psychological harassment, or mobbing as it is known in English, exists in every kind of working environment around the world. In this article we address the definition of mobbing, the reasons why it arises, its elements, the regulations in Turkish law and the legal remedies available to the employee.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>Mobbing in labour law, according to the definition cited in the article, covers ill-treatment, threats, violence and humiliation systematically inflicted in the workplace by superiors, peers or subordinates.<\/li>\n<li>Article 417 TBK imposes on the employer an obligation to protect the employee's personality and to take the necessary measures to ensure that employees are not subjected to psychological harassment.<\/li>\n<li>The article lists the elements as the conduct taking place in the workplace in a systematic and repeated manner, and harm arising to the victim's personality, professional situation or health.<\/li>\n<li>An employee subjected to pressure amounting to psychological harassment may immediately terminate the employment contract for just cause under Article 24\/II of the Labour Act.<\/li>\n<li>The employee may claim compensation for pecuniary and non-pecuniary damage; in case of breach of the duty of equal treatment, they may claim compensation of up to four months' wages under Article 5 of the Labour Act (\u0130\u015fK).<\/li>\n<\/ul>\n<\/aside>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Currency note<\/p>\n<p>This article was prepared in accordance with the legislation and practice in force on the date of its publication. Some of the institutions and application channels referred to in the circular, and the related practice, may have changed since then. You are advised to consult a lawyer regarding the current position.<\/p>\n<\/div>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#mobbing-nedir\">What is mobbing?<\/a><\/li>\n<li><a href=\"#ortaya-cikma-nedenleri\">Reasons why mobbing arises<\/a><\/li>\n<li><a href=\"#unsurlar\">Elements of mobbing<\/a><\/li>\n<li><a href=\"#genelge-ve-tbk\">Circular No. 2011\/2 and the Turkish Code of Obligations<\/a><\/li>\n<li><a href=\"#is-kanunu-ve-isgk\">The Labour Law and the Occupational Health and Safety Law<\/a><\/li>\n<li><a href=\"#fesih-hakki\">Right of termination for just cause<\/a><\/li>\n<li><a href=\"#tazminat\">Right to claim compensation for damage<\/a><\/li>\n<li><a href=\"#calismaktan-kacinma\">Right to refrain from working<\/a><\/li>\n<li><a href=\"#sonuc\">Outcome<\/a><\/li>\n<li><a href=\"#kaynaklar\">Sources used<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"mobbing-nedir\">\n<h2>What Is Mobbing?<\/h2>\n<p>A human being who is part of working life is a creature that acts within a framework of reason under the influence of their emotions. For this reason, they try to carry on with their life by keeping their psychological state sound under the stress and responsibility of working life. This does not differ between the public and private sectors; ultimately, the subject in both is the human being. In working life it is inevitable that people interact with one another and are part of a hierarchy or a division of tasks. However, within this working life and environment, people may behave differently towards one another, whether as employer, superior, subordinate or in a horizontal position. When such behaviour, pursued for various purposes, crosses a certain line and harms personality rights, the person exposed to it will naturally be affected emotionally; this will affect their working life and will also manifest itself in their social and family life.<\/p>\n<p>Although it is not defined in the Turkish legal system, the concept of mobbing was first addressed in the Turkish Code of Obligations. Article 417 of the TCO provides:<em>\u201cThe employer is obliged to protect and respect the employee\u2019s personality in the employment relationship, to ensure an order at the workplace consistent with the principles of good faith, and in particular to take the measures necessary to ensure that employees are not subjected to psychological or sexual harassment and that those who have been so harassed suffer no further harm.\u201d <\/em>Mobbing thus found expression in legislation for the first time. Before that provision, however, mobbing had first been defined in a judgment of the Ankara 8th Labour Court. According to that definition:<em>\u201cThe concept of mobbing covers all forms of ill-treatment, threat, violence, humiliation and similar conduct applied systematically to individuals at the workplace by their superiors, by colleagues at the same level or by their subordinates.\u201d<\/em> Many definitions have since been offered, and they are broadly similar.<\/p>\n<blockquote class=\"pm-kanun\">\n<p>\u201cThe concept of mobbing includes all kinds of ill-treatment, threats, violence, humiliation and similar behaviour systematically inflicted on individuals in the workplace by their superiors, colleagues at the same level or subordinates.\u201d<\/p>\n<p><cite>Decision of the Ankara 8th Labour Court<\/cite><\/p><\/blockquote>\n<\/section>\n<section id=\"ortaya-cikma-nedenleri\">\n<h2>Reasons Why Mobbing Arises<\/h2>\n<p>Mobbing began to be discussed above all because of the fall in productivity it causes in working life. Once identified, the underlying causes were investigated: why is the victim subjected to such conduct? What conduct on the victim\u2019s part leaves the door open to the bully? Why does the bully wish to wear the victim down? We may perhaps look at the matter from its legal side \u2014 did it occur at the workplace, is there harm, is there a protected legal interest? \u2014 but in order to establish those matters correctly the underlying psychological causes must also be identified and examined.<\/p>\n<p>Seen first from the victim\u2019s perspective, these are people who quietly get on with their work; who are honest and trustworthy; who notice the shortcomings of others and try to put them right without confronting them. Precisely because they belong to no particular group, they may be seen as a threat by other groups. Because they may be promoted in future, attempts are made to block their path or to make them leave.<\/p>\n<p>A hierarchical structure creates an environment favourable to mobbing, because those at the upper levels remain unaware of the psychological pressure exerted at intermediate levels. Worse still, the situation may become accepted and turn into an established workplace practice.<\/p>\n<p>Those who engage in mobbing \u2014 the bullies \u2014 may do so out of a desire to gratify their ego, or in order to conceal their own inadequacies. Psychological harassment may also arise from differences of sex, race or belief. Such conduct is also contrary to the employer\u2019s duty of equal treatment under the Labour Law and to the principle of equality laid down in the Constitution.<\/p>\n<ul class=\"pm-cipler\" aria-label=\"Reasons for mobbing listed in the article\">\n<li>Hierarchical structure<\/li>\n<li>Ego gratification<\/li>\n<li>Concealing inadequacies<\/li>\n<li>Gender difference<\/li>\n<li>Racial difference<\/li>\n<li>Difference in belief<\/li>\n<\/ul>\n<\/section>\n<section id=\"unsurlar\">\n<h2>Elements of Mobbing<\/h2>\n<p>The article examines the elements of mobbing under the following four headings:<\/p>\n<ol class=\"pm-sirali\">\n<li>The behaviour must take place in the workplace.<\/li>\n<li>The behaviour must be carried out systematically.<\/li>\n<li>The behaviour must be repeated with a frequency that has become continuous.<\/li>\n<li>Harm must arise to the victim\u2019s personality, professional situation or health.<\/li>\n<\/ol>\n<h3>The Behaviour Must Take Place in the Workplace<\/h3>\n<p>Pursuant to Labour Law Art. 2\/1, the workplace is; <em>\u201cthe unit in which the employer organises material and immaterial elements together with the employee for the purpose of producing goods or services\u201d <\/em>and the article goes on to provide that persons working within the work organisation at connected places, annexes and vehicles where that organisation is carried on are likewise regarded as working at the workplace. Where, for the purposes of mobbing, there is a causal link between the work carried on and the conduct in question, the employer is under a duty, in accordance with the rules of good faith, to take the necessary measures.<\/p>\n<h3>The Behaviour Must Be Carried Out Systematically<\/h3>\n<p>The person concerned must engage in the conduct persistently and systematically. A person may be affected psychologically by conduct carried out without malice in a series of unconnected events; but not every act constitutes psychological harassment. The conduct must be directed at that person for a particular purpose, at intervals, and with a causal link between the acts.<\/p>\n<h3>The Behaviour Must Be Repeated with a Frequency That Has Become Continuous<\/h3>\n<p>The conduct may consist of a single isolated act, since a single act may have produced that psychological effect on the person. Conversely, it may continue over a very long period. Its effect may differ from person to person. It cannot therefore be inferred that conduct whose effects are not apparent amounts to mobbing. Where the conduct occurs more than once, the intervals between the acts must not be very long: where the effect of one act has faded, a subsequent act will not produce the same effect. It makes no difference, on the other hand, whether the conduct is engaged in by a single person or by a group. The same conduct may be engaged in by two members of a group on one occasion and by the whole group on the next; for the purposes of continuity, it may also be engaged in by different persons for the same reasons.<\/p>\n<h3>Harm Must Arise to the Victim\u2019s Personality, Professional Situation or Health<\/h3>\n<p>Psychological harassment gives rise to psychological problems in the person at various stages, and a number of health problems may follow. When the mobbing begins, victims try to correct themselves and look for the fault in themselves. This leads to increased stress and, with it, to conditions such as insomnia and loss of self-confidence. Because of that stress the person may behave out of character in their social life, and may become estranged from their family. As matters progress, the inability to cope with stress and the continuation of the harassment may leave the person unable to perform professionally as expected, and they may even have to abandon their goals. As the severity increases and the process is prolonged, the person may suffer weight loss or be driven to suicide, and may face panic attacks, anxiety crises and even a heart attack.<\/p>\n<\/section>\n<section id=\"genelge-ve-tbk\">\n<h2>Circular No. 2011\/2 and the Turkish Code of Obligations<\/h2>\n<p>In Turkish law, mobbing was first addressed directly in Circular no. 2011\/2 on the Prevention of Psychological Harassment at the Workplace. That circular contains provisions concerning both public institutions and private workplaces and emphasises the need to prevent mobbing. The following measures are provided for:<\/p>\n<ol class=\"pm-sirali\">\n<li><em> Combating psychological harassment at the workplace is primarily the responsibility of the employer, and employers shall take all measures necessary to ensure that employees are not subjected to harassment.<\/em><\/li>\n<li><em> All employees shall refrain from any act or conduct capable of being regarded as psychological harassment.<\/em><\/li>\n<li><em> Care shall be taken to include preventive provisions in collective bargaining agreements so that incidents of psychological harassment do not occur at the workplace.<\/em><\/li>\n<li><em> In order to strengthen the fight against psychological harassment, assistance and support shall be provided to employees by psychologists through the Labour and Social Security Communication Centre, ALO 170.<\/em><\/li>\n<li><em> A \u201cBoard for Combating Psychological Harassment\u201d shall be established within the Ministry of Labour and Social Security, with the participation of the State Personnel Directorate, non-governmental organisations and the relevant parties, in order to monitor and assess incidents of psychological harassment suffered by employees and to develop preventive policies.<\/em><\/li>\n<li><em> Inspectors shall examine complaints of psychological harassment carefully and conclude them as quickly as possible.<\/em><\/li>\n<li><em> The utmost care shall be taken to protect the private lives of the persons concerned in the proceedings conducted in relation to allegations of psychological harassment.<\/em><\/li>\n<li><em> The Ministry of Labour and Social Security, the State Personnel Directorate and the social partners shall hold training and information meetings and seminars in order to raise awareness of psychological harassment at the workplace.<\/em><\/li>\n<\/ol>\n<p>After the circular, psychological harassment found a place in the Turkish Code of Obligations. There is, however, still no direct provision in the Labour Law, to which the majority of employees are subject. Mobbing is addressed under the Turkish Code of Obligations, the Labour Law and the Occupational Health and Safety Law through the employer\u2019s duties of equal treatment and of care towards the employee, and through the employee\u2019s grounds for termination with just cause.<\/p>\n<p>Under the TCO, the employer\u2019s duty of care towards the employee is set out in Article 417, which expressly refers to psychological harassment. Under that provision the employer is responsible for protecting the whole of the employee\u2019s personality, which includes the person\u2019s mental health. As regards psychological harassment, the employer must first take measures to ensure that such conduct does not occur at all and, where it has occurred, is responsible for preventing it. Liability here is contractual liability under Article 112 of the TCO. In respect of service contracts governed by the TCO, the employee or the employer may exercise the right of immediate termination for just cause under Article 435.<\/p>\n<blockquote class=\"pm-kanun\">\n<p>\u201cThe employer is obliged to protect and respect the personality of the employee in the employment relationship and to ensure order in the workplace in accordance with the principles of honesty, and in particular to take the necessary measures to ensure that employees are not subjected to psychological and sexual harassment and that those who have been subjected to such harassment do not suffer further harm.\u201d<\/p>\n<p><cite>Turkish Code of Obligations, Art. 417<\/cite><\/p><\/blockquote>\n<p>As mobbing also constitutes a tort, the employee may invoke the employer\u2019s liability under the provisions on tort. In that case contractual liability and tortious liability concur, and the victim is free to choose between them.<\/p>\n<\/section>\n<section id=\"is-kanunu-ve-isgk\">\n<h2>The Labour Law and the Occupational Health and Safety Law<\/h2>\n<h3>Duty of Equal Treatment<\/h3>\n<p>The Labour Law lays down the employer\u2019s duty of equal treatment on the basis of the principle of equality set out in the Constitution. Article 5\/1 of the Labour Law provides:<em>\u201cNo discrimination may be made in the employment relationship on grounds such as language, race, sex, political opinion, philosophical belief, religion or sect.\u201d<\/em> The employer may not discriminate between employees. Although the provision does not expressly mention psychological harassment, it is plain that an employer who engages in such harassment acts contrary to the duty of equal treatment. Treating an employee differently in order to intimidate them, or assigning them work outside their job description so that they cannot demonstrate their professional ability, are contrary to that duty and may at the same time amount to psychological harassment.<\/p>\n<h3>Employer\u2019s Duty of Care<\/h3>\n<p>As psychological harassment relates directly to human health, Article 4\/1-a of the Occupational Health and Safety Law provides: <em>\u201cThe employer is obliged to ensure the health and safety of employees in relation to work and, to that end, shall: a) carry out work to prevent occupational risks, take all measures \u2014 including the provision of training and information \u2014 organise the necessary arrangements, provide the necessary tools and equipment, adapt health and safety measures to changing conditions and improve the existing situation.\u201d<\/em> In these terms the employer is placed under a duty of care, just as under Article 417 of the TCO. Employers must ensure the health and safety of employees and endeavour to prevent potential problems; otherwise they will be liable. Where the mobbing directed at the employee consists of continuing conduct, the mental harm caused will not amount to an occupational accident, since an occupational accident must occur suddenly and within a short period. Where, however, the person commits suicide immediately after the pressure to which they were subjected, this will be in the nature of an occupational accident.<\/p>\n<\/section>\n<section id=\"fesih-hakki\">\n<h2>Right of Termination for Just Cause<\/h2>\n<p>Article 24 of the Labour Law lays down the right of termination for just cause for the employee, and Article 25 for the employer. We shall first address the employee\u2019s right of termination arising from being subjected to psychological harassment, and then the employer\u2019s exercise of the right of termination for just cause on account of psychological harassment directed at the employer at the workplace or by one employee against another.<\/p>\n<h3>Employee\u2019s Right of Termination for Just Cause<\/h3>\n<p>Where the pressure to which the employee is subjected constitutes psychological harassment, the employee may terminate the employment contract with immediate effect on the ground of circumstances contrary to the rules of morality and good faith under Article 24\/2 of the Labour Law. As subparagraphs (b) and (c) expressly provide for termination for just cause in respect of situations arising from conduct on the part of the employer, termination for just cause may be sought under those subparagraphs where psychological harassment by the employer is present. The subparagraphs read as follows:<\/p>\n<p><em>\u201cb) Where the employer uses words or engages in conduct offensive to the honour and reputation of the employee or a member of the employee\u2019s family, or subjects the employee to sexual harassment. <\/em><\/p>\n<p><em>c) Where the employer assaults or intimidates the employee or a member of the employee\u2019s family, or encourages, incites or leads the employee or a member of the employee\u2019s family into unlawful conduct, or commits against the employee or a member of the employee\u2019s family an offence punishable by imprisonment, or makes serious, unfounded allegations or accusations damaging to the employee\u2019s honour and dignity.\u201d<\/em> where such conduct bears the elements of psychological harassment, the employee may terminate the employment contract for just cause under these provisions on the ground of psychological harassment.<\/p>\n<p>Subparagraph (d) of the article provides for termination for just cause where the conduct is engaged in by other employees. Under subparagraph (d):<\/p>\n<p><em>\u201cd) Where the employee is subjected to sexual harassment at the workplace by another employee or by third parties and, despite having notified the employer, the necessary measures are not taken.\u201d<\/em> Although this expressly concerns sexual harassment, the provision applies by analogy where psychological harassment is in issue.<\/p>\n<p>The employee must terminate the employment contract for just cause within the periods laid down in Article 26 of the Labour Law: six days from becoming aware of the conduct and, in any event, within one year. In cases of psychological harassment, however, because the conduct is continuing, the period begins afresh with each act.<\/p>\n<p>Where the psychological harassment is engaged in by other employees or by third parties, and the employer had previously taken preventive measures and, on becoming aware of the situation, acted to prevent or bring it to an end, the employee no longer has a ground for termination for just cause.<\/p>\n<h3>Employer\u2019s Right of Termination for Just Cause<\/h3>\n<p>Where the employer is subjected to psychological harassment, or where one employee subjects another to it, the employer may terminate the offending employee\u2019s contract for just cause. In parallel with the employee\u2019s grounds for termination, Article 25\/2 (b), (c) and (d) of the Labour Law provides:<\/p>\n<p><em>\u201cII - Circumstances contrary to the rules of morality and good faith, and similar circumstances:<\/em><\/p>\n<p><em>b) Where the employee uses words or engages in conduct offensive to the honour and reputation of the employer or a member of the employer\u2019s family, or makes unfounded allegations and accusations damaging to the employer\u2019s honour and dignity. <\/em><\/p>\n<p><em>c) Where the employee sexually harasses another employee of the employer. <\/em><\/p>\n<p><em>d) Where the employee assaults the employer, a member of the employer\u2019s family or another employee of the employer, comes to the workplace drunk or under the influence of drugs, or uses such substances at the workplace\u201d <\/em>the employer may exercise the right of termination for just cause in these circumstances.<\/p>\n<\/section>\n<section id=\"tazminat\">\n<h2>Right to Claim Compensation for Damage<\/h2>\n<p>An employee who has suffered loss may, alleging a breach of the duty of care arising under Article 417 of the TCO and the Occupational Health and Safety Law, claim compensation for pecuniary and non-pecuniary loss under Article 112 of the TCO. An employer who is under a duty to take measures against psychological harassment and to prevent it once it has occurred must, if they fail to do so, make good the loss arising from breach of the duty of care under their contractual liability for breach of the employment contract. Where such conduct has begun but has been prevented by the employer, the employee is entitled to claim separately, independently of any termination of the contract for just cause, for the loss suffered through the interference with their personal rights in the intervening period.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Employee\u2019s burden of proof<\/p>\n<p>In actions for compensation, the employee is obliged to prove the psychological harassment and the damage suffered.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Employer\u2019s burden of proof<\/p>\n<p>The employer, however, is obliged to prove that it has fulfilled its duty of care and that it was not at fault in the damage incurred and the unlawful conduct.<\/p>\n<\/div>\n<\/div>\n<p>As noted above, the employer\u2019s tortious and contractual liability concur, so that the employee may elect between them. It should not be forgotten, however, that if tortious liability is chosen the employee must also prove the employer\u2019s fault. Moreover, as regards limitation, tortious liability is subject to a period of two years from the date of knowledge and, in any event, ten years, whereas contractual liability is subject only to a ten-year period.<\/p>\n<p class=\"pm-tablo-baslik\" id=\"tablo-sorumluluk\">Contractual liability and tortious liability<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-sorumluluk\">\n<thead>\n<tr>\n<th scope=\"col\"><\/th>\n<th scope=\"col\">Contractual liability<\/th>\n<th scope=\"col\">Tortious liability<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<th scope=\"row\">Foundations<\/th>\n<td>TCO Art. 112 (breach of the duty of care)<\/td>\n<td>Provisions on tort<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Proof of fault<\/th>\n<td>The employer is obliged to prove that it was not at fault<\/td>\n<td>The employee is also obliged to prove the employer\u2019s fault<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Limitation<\/th>\n<td>Ten years<\/td>\n<td>Two years from the date of knowledge and, in any event, ten years<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<p>Under Article 5 of the Labour Law the employee may also claim compensation of up to four months\u2019 wages, together with the rights of which they have been deprived, on the ground that the employer has acted contrary to the duty of equal treatment. The legislature has provided this sanction for employers who breach that duty.<\/p>\n<\/section>\n<section id=\"calismaktan-kacinma\">\n<h2>Right to Refrain from Working<\/h2>\n<p>The right to refrain from working is set out in Article 13 of the Occupational Health and Safety Law:<\/p>\n<blockquote class=\"pm-kanun\">\n<p><em>\u201c(1) Employees faced with serious and imminent danger may apply to the board \u2014 or, at workplaces where there is no board, to the employer \u2014 and request that the situation be established and that a decision be taken to take the necessary measures. The board shall meet as a matter of urgency, and the employer shall decide immediately and record the situation in a report. The decision shall be notified in writing to the employee and to the employee representative. <\/em><\/p>\n<p><em>(2) Where the board or the employer decides in accordance with the employee\u2019s request, the employee may refrain from working until the necessary measures have been taken. The employee\u2019s wages for the period of refraining from work, and their other rights arising from statute and from the employment contract, are reserved.\u201d<\/em><\/p>\n<p><cite>Occupational Health and Safety Law, Art. 13<\/cite>\n<\/p><\/blockquote>\n<p>Furthermore, where the board fails to ensure that the necessary measures are taken, the employee also has the right to terminate the employment contract for just cause under paragraph 4 of that article. The legislature has thus provided for graduated rights, culminating in termination for just cause.<\/p>\n<\/section>\n<section id=\"sonuc\">\n<h2>Outcome<\/h2>\n<p>Mobbing, which may be encountered at every stage of working life and in every kind of work, has a direct effect on employees and employers alike. Practices of this kind are today regarded as unremarkable and their existence is widely known. The harm they cause can be observed spreading to the national economy, to the markets and to those around the victims. In time, deterrent sanctions should be introduced by the legislature through possible amendments to the law.<\/p>\n<\/section>\n<section id=\"kaynaklar\">\n<h2>Sources Used<\/h2>\n<ul class=\"pm-liste\">\n<li><em><strong>S\u00dcZEK, <\/strong>Employment Law, Beta, Ankara 2019<\/em><\/li>\n<li><em><strong>EREN, <\/strong>Law of Obligations: General Provisions, Yetkin, Ankara 2018<\/em><\/li>\n<li><em><strong>ARAL, AYRANCI,<\/strong> Law of Obligations: Specific Contractual Relationships, Yetkin, Ankara 2019<\/em><\/li>\n<li><em><strong>\u00d6ZDEN, <\/strong>Psychological Harassment (Mobbing) under Turkish Employment Law, Eurasian Journal of Social and Economic Research (ASEAD), Vol. 5 No. 8, 2018, pp. 22-49<\/em><\/li>\n<\/ul>\n<\/section>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=6098&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Turkish Code of Obligations No. 6098<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Mobbing in Labour Law: Frequently Asked Questions<\/h2>\n<details open>\n<summary>What is mobbing in labour law?<\/summary>\n<div>\n<p>According to the definition of the Ankara 8th Labour Court cited in the article, mobbing includes all forms of conduct such as ill-treatment, threats, violence and humiliation systematically inflicted on individuals in the workplace by their superiors, colleagues at the same level or subordinates.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which laws regulate mobbing?<\/summary>\n<div>\n<p>Makaleye g\u00f6re mobbing do\u011frudan ilk olarak 2011\/2 say\u0131l\u0131 Genelge&#8217;de, ard\u0131ndan TBK m.417&#8217;de d\u00fczenlenmi\u015ftir; \u0130\u015f Kanunu&#8217;nda do\u011frudan bir d\u00fczenleme bulunmamaktad\u0131r. Mobbing, TBK, \u0130\u015f Kanunu ve \u0130\u015f Sa\u011fl\u0131\u011f\u0131 ve G\u00fcvenli\u011fi Kanunu kapsam\u0131nda e\u015fit davranma, g\u00f6zetme y\u00fck\u00fcml\u00fcl\u00fc\u011f\u00fc ve hakl\u0131 fesih a\u00e7\u0131s\u0131ndan uygulama alan\u0131 bulmaktad\u0131r.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What elements are required for conduct to qualify as mobbing?<\/summary>\n<div>\n<p>The article lists the following elements: the conduct takes place in the workplace, is carried out systematically and persistently, is repeated frequently enough to become continuous, and results in harm to the victim's personality, professional situation or health. It also emphasises that not every act constitutes psychological harassment.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can an employee subjected to mobbing terminate the employment contract?<\/summary>\n<div>\n<p>According to the article, if the pressure to which the employee is subjected amounts to psychological harassment, the employee may immediately terminate the employment contract for just cause under Article 24\/II of the Labour Act (\u0130\u015fK). Where the harassment comes from other employees or third parties, the view that subparagraph (d) may be applied by analogy is defended.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Until when can the right to terminate for just cause be exercised?<\/summary>\n<div>\n<p>Makalede fesih hakk\u0131n\u0131n \u0130\u015fK m.26&#8217;da \u00f6ng\u00f6r\u00fclen s\u00fcreler i\u00e7inde kullan\u0131lmas\u0131 gerekti\u011fi belirtilmektedir. Psikolojik tacizde hareketin devaml\u0131l\u0131\u011f\u0131 s\u00f6z konusu oldu\u011fundan s\u00fcrenin her hareketle yeniden ba\u015flad\u0131\u011f\u0131 ifade edilmektedir.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can compensation be claimed for mobbing?<\/summary>\n<div>\n<p>\u0130\u015f\u00e7i, TBK m.417 ve \u0130SGK&#8217;dan kaynaklanan g\u00f6zetim borcuna ayk\u0131r\u0131l\u0131k nedeniyle TBK m.112&#8217;ye g\u00f6re maddi ve manevi zarar\u0131n\u0131n tazminini isteyebilir. E\u015fit davranma borcuna ayk\u0131r\u0131l\u0131kta ise \u0130\u015fK m.5 uyar\u0131nca d\u00f6rt aya kadar \u00fccreti tutar\u0131nda tazminat ve yoksun kald\u0131\u011f\u0131 haklar talep edilebilir.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Who bears the burden of proof in a mobbing case?<\/summary>\n<div>\n<p>According to the article, the employee must prove the psychological harassment and the damage suffered, while the employer must prove that it fulfilled its duty of care and was not at fault. If tort liability is chosen, the employee must also prove the employer's fault.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about mobbing?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal and advisory services in the field of labour law.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"\u0130\u015f Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"For example: I am being subjected to systematic pressure at work, and I would like to know whether I can terminate my employment contract for just cause.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>Since 2016 it has been providing legal and advisory services in Ankara in many areas, labour law in particular. <a href=\"https:\/\/utuhukuk.com\/en\/employment-law\/\">Our labour law practice \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>\u00c7al\u0131\u015fma hayat\u0131n\u0131n bir par\u00e7as\u0131 olan insan, duygular\u0131n\u0131n etkisi alt\u0131nda bir mant\u0131k \u00e7er\u00e7evesi i\u00e7erisinde hareket eden bir canl\u0131d\u0131r. Bu y\u00fczden \u00e7al\u0131\u015fma\u2026<\/p>","protected":false},"author":1,"featured_media":394,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-171","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-is-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/171","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=171"}],"version-history":[{"count":5,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/171\/revisions"}],"predecessor-version":[{"id":666,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/171\/revisions\/666"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/394"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=171"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=171"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=171"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}