WHAT IS WORKPLACE MOBBING? HOW TO FILE A MOBBING LAWSUIT?

1. Legal Basis for Mobbing

Workplace mobbing—i.e., psychological harassment—is not explicitly defined under Turkish law, but it is protected against through various legal provisions. These are found in the Turkish Code of Obligations, the Turkish Civil Code, the Labor Law, the Constitution, and the Turkish Penal Code.

Article 417 of the Turkish Code of Obligations imposes on the employer a duty of care and protection toward the employee, providing legal safeguards for workers subjected to mobbing at the workplace. Additionally, Article 17 of the Constitution guarantees everyone the right to protect their material and moral integrity. Articles 24 and 25 of the Labor Law regulate the right of an employee or employer to terminate the employment contract immediately for just cause. A victim of mobbing can rely on these provisions to terminate their contract.

Although the Turkish Penal Code does not explicitly define “mobbing,” related offenses—such as insult, threat, disturbing public peace, or abuse of duty—can give rise to criminal liability.

2. Conditions to File a Mobbing Lawsuit

To initiate a mobbing lawsuit, the employee must have been subjected to systematic and intentional psychological pressure. It is essential that the plaintiff be able to demonstrate the following:

Ongoing, repeated, malicious behavior over a certain period: The employee must have been subjected to continuous, systematic psychological pressure, exclusion, or malicious behavior.
These behaviors must have occurred in the workplace: The actions constituting mobbing must have taken place in the workplace environment or in connection with the performance of work.
The victim’s psychological and/or physical health must have been adversely affected: The behavior must have negatively impacted the employee’s mental or physical well-being.
The behavior must be of a nature that disrupts the employment relationship: The pressure must be severe enough to render productive work impossible and negatively affect the employment relationship.

3. What Constitutes Mobbing?

Examples of mobbing behavior include but are not limited to:

Constant criticism, humiliation, or ridicule: Verbal or written actions that harm the employee’s dignity and create psychological pressure.
Isolation: Social, physical, or communicative exclusion of the employee from the team.
Assigning tasks outside the job description or frequent task changes: Directing the employee to perform tasks outside their expertise or in a degrading manner.
Restricting authority/responsibilities or increasing workload: Removing the employee’s authority or assigning excessive work beyond their capacity.
Unfounded disciplinary investigations: Initiating proceedings against the employee based on false accusations.
Consistently imposing impossible targets: Deliberately assigning tasks or expectations that are difficult to achieve.
Contacting the employee during sick leave: Disturbing the employee even during periods of documented medical leave.
Depriving the employee of promotion or pay increase opportunities: Intentionally blocking deserved career advancements or salary increases.

4. What Does Not Qualify as Mobbing?

Not all negative workplace behavior constitutes mobbing. Common exceptions include:

Warnings related to performance issues: Measured and appropriate warnings aimed at improving the employee’s performance are not considered mobbing.
Task changes required by job duties: Reasonable task changes necessitated by the job’s requirements do not qualify as mobbing.
Issuance of reasonable directives within managerial authority: Legitimate and reasonable instructions given by the employer within their managerial rights are not mobbing.
Legitimate disciplinary measures taken legally and appropriately: Disciplinary actions conducted in accordance with the law are not considered mobbing.
Isolated or temporary disagreements: One-off conflicts or temporary disputes in the workplace do not constitute mobbing.
Rational operational decisions by the employer: Logical measures taken for workplace safety, efficiency, or order are not mobbing.

These may become mobbing only when they gain continuity and systematicity.

5. Justified Resignation Due to Mobbing

Under Labor Law Article 24/II, the employee may lawfully terminate their contract if faced with humiliating, oppressive, or intimidating behavior from the employer. In such cases:

The employee is entitled to severance pay: An employee who terminates their contract for just cause due to mobbing can claim severance pay.
They may resign immediately without notice: In cases of justified termination, the employee can leave immediately without observing a notice period.
They must provide written notice of termination based on legal grounds: To protect their rights, the employee must submit a written termination notice specifying the reasons.

6. Possible Claims of a Mobbing Victim

An employee subjected to mobbing may claim in labor court:

Severance pay: If justified termination conditions are met, the employee is entitled to severance pay.
Notice pay: Payable if the employer terminates the contract unlawfully.
Overtime wages or unpaid claims: The employee can claim unpaid overtime or other employment-related dues.
Moral damages: The victim may claim compensation for violation of personal rights.
Discrimination damages: If mobbing is based on protected characteristics, the employee can claim discrimination damages.
Unemployment benefits: If conditions are met post-termination, the employee may be eligible for unemployment benefits.

7. What Should the Mobbing Victim Do?

To enforce their rights effectively, the victim should:

Gather evidence: Emails, messages, CCTV footage, witness statements.
Take notes: Record dates, venues, and descriptions of incidents.
Use internal complaint mechanisms: File formal complaints with HR or Ethics Committees.
Obtain medical or psychological reports: Document the psychological impact with professional reports.
Terminate the employment contract in writing: If resigning for just cause, submit a written termination notice.

It is recommended to seek assistance from a specialized labor law attorney in these processes.

8. How to Prove Mobbing

Proving mobbing is technically complex. Admissible evidence includes:

Witness testimony: Statements from coworkers can support mobbing claims.
Written documents: Emails, messages, and chat logs serve as evidence.
Surveillance camera recordings: Video evidence of workplace incidents.
Psychological or psychiatric reports: Reports documenting the impact on the victim’s mental health.
Records showing unlawful disciplinary actions: Documents of unjust disciplinary measures can substantiate mobbing claims.

Although the burden initially lies with the employee, judicial practice may shift it to the employer once certain indicators of mobbing are presented.

9. Duration of a Mobbing Lawsuit

Case duration depends on court workload, evidence collection, and expert reports. Generally:

First-instance trial: 8–24 months.
Appeal (Istinaf): 4–8 months.
Supreme Court (Yargıtay): 6–12 months.

Overall, a mobbing lawsuit may take 1.5–3 years. However, it should be noted that these timeframes may vary depending on the specific circumstances of the case.

10. Attorney Fees and Court Costs

Attorney fees vary based on case type and claimed amount:

Typically 15–20% of claim value.
Some lawyers charge flat fees.
According to the 2025 Bar Association Minimum Fee Tariff, a single-session labor case fee is around 20,000-TL;
Court expenses (witness fees, expert fees, service, court fees) up to 10,000-TL.

Legal aid may cover these costs for eligible clients.

11. Discrimination Damages Due to Mobbing

Under Labor Law Article 5, employers must treat employees equally. If mobbing is based on gender, age, ethnicity, etc., discrimination damages may be claimed—up to four months’ gross salary. Moral damages may also be awarded if discrimination is proven.

12. Material and Moral Damages Lawsuit

Damages may include financial losses (wage loss, treatment costs, career setbacks) and moral damages for violation of personality rights. Courts determine compensation based on intensity, duration, the victim’s age, and professional status.

13. Criminal Charges Related to Mobbing

While “mobbing” is not directly a crime, related conduct may lead to criminal proceedings:

Insult (TCK art. 125): Words or actions attacking the employee’s honor, dignity, or reputation.
Threat (TCK art. 106): Expressions aimed at intimidating or harming the employee or their relatives.
Disturbing the peace (TCK art. 123): Persistent disruptive behavior undermining workplace harmony.
Abuse of duty (TCK art. 257): Employer or manager misusing authority to harm the employee.

Criminal investigations begin upon the employee’s complaint to the prosecutor—usually within 6 months of the incident.

14. Conclusion

Workplace mobbing severely affects employees' mental and physical well-being and undermines workplace harmony. Turkish law provides extensive protections through both labor and criminal legal frameworks.

Victims must diligently document incidents and follow legal procedures—ideally with expert legal assistance.

Do not hesitate to pursue legal avenues. Remember, working under conditions that preserve human dignity is not a privilege; it is a constitutional right.

What Is Workplace Mobbing?