Quick summary: Mobbing is systematic, repeated psychological pressure intended to intimidate an employee in the workplace. A one-off argument, a tough management style or justified criticism does not constitute mobbing. An employee subjected to mobbing can terminate the employment contract for just cause and receive severance pay, claim non-pecuniary damages from the employer, and apply to ALO 170, CİMER or TİHEK. In mobbing cases, the Court of Cassation (Yargıtay) accepts prima facie (approximate) proof as sufficient.
What Is Mobbing?
Mobbing (psychological harassment) is a set of hostile behaviors systematically directed at an employee in the workplace by one or more people, aiming to intimidate, exclude, sideline the person or force them to leave their job. In Turkish law, mobbing is not governed by a dedicated statute; it is addressed through Article 417 of the Turkish Code of Obligations (the employer's duty to protect the employee's personality), Article 24/II of the Labor Law (termination for just cause), Articles 24-25 of the Turkish Civil Code (protection of personality rights) and the provisions of the Constitution on the right to work. Prime Ministry Circular No. 2011/2 also regulates the fight against mobbing in the public and private sectors.
Elements of Mobbing
According to the case law of the Court of Cassation, the following elements must be present together for conduct to qualify as mobbing:
- It occurs in the workplace (including messages and emails, provided they are work-related),
- It is systematic and repeated — a single incident is not enough,
- It continues for a certain period (in practice, usually at least a few months),
- It is intentional: aimed at intimidation, exclusion or forcing resignation,
- It harms the victim's personality rights, health or professional reputation.
Examples of Behavior Considered Mobbing
- Removing the employee from their duties and giving them no work, or assigning tasks far below their qualifications,
- Constant and unjustified disciplinary penalties and requests for written statements,
- Not inviting them to meetings, excluding them from the flow of information, making them "invisible",
- Humiliating, belittling or shouting at them in front of other employees,
- Unjustified and frequent changes of location/city, or moving their workspace to an isolated area,
- Spreading gossip and slander about their private life,
- Applying pressure in order to force them to resign.
Situations Not Considered Mobbing
Not every negative experience is mobbing. The Court of Cassation does not accept the following as mobbing: justified criticism and performance evaluations carried out as part of the job, changes of duty and location within the employer's right of management, a one-off argument or harsh tone, workload and work stress, and mutual conflict between colleagues. The distinguishing criterion here is whether the conduct is marked by continuity and intent.
How Is Mobbing Proven?
The hardest part of mobbing lawsuits is proof. The General Assembly of Civil Chambers of the Court of Cassation accepts that, in mobbing claims, prima facie proof rather than conclusive proof is sufficient, and that if the employee presents serious indications, the burden of proof shifts to the employer. The evidence that should be gathered:
| Type of Evidence | What It Is Useful For |
|---|---|
| Emails, WhatsApp and corporate correspondence | Documents demeaning statements, changes of duty and exclusion |
| Documents on changes of duty, requests for statements and disciplinary actions | Establishes the chronology of the systematic pressure |
| Witness statements (former/current employees) | Confirms the events through third parties |
| Psychiatric/psychological reports, prescriptions | Shows the harm to health and the causal link |
| Daily incident log (date, time, person, event, witness) | Provides a consistent account that does not rely on memory |
| Written applications to HR/the ethics committee | Proves the employer was informed and took no action |
Can I make an audio recording? The Court of Cassation may consider it lawful for a victim who has no other way of obtaining evidence to record, on an unplanned basis, a conversation directed at them. However, secretly recording the private conversations of third parties may constitute a crime under the Turkish Penal Code. It is recommended that you consult a lawyer before making any recording.
Rights of an Employee Subjected to Mobbing
1. Termination for Just Cause and Severance Pay
Mobbing falls under Article 24/II of the Labor Law. The employee can terminate the employment contract immediately without waiting for a notice period; if they have at least one year of service, they receive severance pay, unused annual leave pay and other employment receivables. Notice pay cannot be claimed because the party terminating is the employee. The right of termination must be exercised within six working days of learning of the mobbing act (Labor Law Art. 26); in cases of systematic mobbing, this period runs from the last act. The notice of termination should be served through a notary with the reasons clearly stated; a "resignation" letter without reasons may cause the loss of the right to severance pay.
2. Non-Pecuniary Damages
The employee may claim non-pecuniary damages from the employer for the violation of personality rights under Articles 417 and 58 of the Turkish Code of Obligations. The amount is determined at the judge's discretion, taking into account the duration and intensity of the mobbing, the health damage suffered by the employee and the economic situation of the parties. If mobbing has resulted in treatment expenses or incapacity to work, pecuniary damages may also be claimed.
3. Reinstatement
If the employer dismisses the employee at the end of the mobbing process, and the workplace has 30 or more employees and the employee has at least six months of service, a reinstatement lawsuit may be filed by applying to a mediator within one month of the notice of termination, and then to the labor court within two weeks.
4. Criminal Law Route
Some acts within mobbing also constitute crimes: insult (TCK Art. 125), threat (Art. 106), sexual harassment (Art. 105), violation of the confidentiality of communication (Art. 132), and violation of freedom of work and labor (Art. 117). In such cases, a criminal complaint may be filed with the public prosecutor's office.
Where to File a Mobbing Complaint
- Within the workplace: A written application to human resources, the ethics committee or senior management (later serves as evidence that the employer was aware).
- ALO 170: The communication line of the Ministry of Labor and Social Security; provides psychological support and guidance.
- CİMER: An effective application channel for mobbing in public institutions.
- TİHEK: Has the authority to impose administrative fines in cases of discrimination-based mobbing.
- Labor court: For compensation and receivable claims, applying to a mediator first is a prerequisite for filing a lawsuit.
If You Think You Are Being Mobbed: 7 Steps
- Record every incident in writing with the date, time, place, persons involved and witness details.
- Back up corporate emails and messages to a personal environment (taking care not to include confidential company information).
- See a doctor for your health complaints; keep reports and prescriptions.
- Notify HR in writing and wait for the response.
- Confirm by email any verbal instructions given to you.
- Do not resign; make the decision to terminate together with your lawyer, with stated reasons and within the time limit.
- Do not cut off contact with colleagues who may serve as witnesses.
Frequently Asked Questions
Can an employee who resigns because of mobbing receive severance pay?
Yes; however, what must be done is not a "resignation" but a reasoned "termination for just cause" based on Article 24/II of the Labor Law. An employee who meets the one-year service requirement is entitled to severance pay.
How long does a mobbing lawsuit take?
Mandatory mediation takes a few weeks; proceedings before the labor court generally take 1-2 years, depending on witness hearings and expert examination.
My supervisor shouts at me. Is this mobbing?
A harsh tone alone is not considered mobbing. If the shouting is systematic, repeated, targets you and aims to humiliate you, it may fall within the scope of mobbing.
Are you being subjected to psychological harassment at work? Let's assess your evidence together before you decide on termination and litigation. Request a consultation at our office in Bakırköy or explore our Labor Law practice area.
Related articles: What Are My Rights If I'm Dismissed? · Severance and Notice Pay
Kasım Ergün — Founder of Avrasya Law Office. Practices law in Bakırköy, Istanbul in the areas of family, labor, criminal, real estate and enforcement law. Our Team
This article is for general informational purposes only and does not constitute legal advice. Legislation and case law may change; please consult a lawyer for your specific case.
