Mobbing Case

Istanbul employment lawyer building robust evidence files for systematic workplace mobbing claims, securing severance, notice and moral compensation under Turkish labor and tort law.

Workplace Mobbing Cases in Turkey — Istanbul Employment Lawyer

Mobbing is the sum of systematic, sustained and intentional psychological pressure, intimidation and exclusion targeting an individual employee. Turkish case law requires at least six months of continuity, a systematic pattern and intent against the personality for the conduct to qualify. The victim may both terminate with just cause and claim moral compensation.

Legal Consequences

  • Just-cause termination (Labor Law Art. 24/II) preserving severance pay
  • Severance and accrued labor receivables; notice pay is generally not owed because the employee terminates
  • Moral damages under TBK Arts. 56-58 and Art. 417 (employer's duty to protect the employee's personality)
  • Anti-discrimination compensation up to 4 months' wages where Labor Law Art. 5 is breached

Indicators — The Facts Courts Look For

  • Persistent criticism, humiliation and verbal abuse
  • Withholding work, meaningless assignments or excessive workload
  • Social isolation (exclusion from meetings, distancing)
  • Unfounded rumours, gossip and slander
  • Threats, intimidation, deterioration of physical conditions (office, equipment)
  • Unjustified performance pressure and public belittling

Burden of Proof — The "Approximate Proof" Standard

Under settled case law of the 9th Civil Chamber, approximate proof suffices for mobbing; full proof is not required. Witness testimony, e-mail and message correspondence, camera footage, performance memos, medical reports (anxiety / depression diagnoses), psychiatric treatment records and abrupt changes in workplace arrangements are admissible. Where the facts cohere with the ordinary course of life, the court may accept the existence of mobbing.

Procedure and Competent Court

Mediation is a condition precedent for severance and labor-receivable claims (Law 7036 Art. 3); moral-damage claims attached to the same file follow the same route. If unresolved, the lawsuit is filed within 2 weeks at the Labor Court. Limitation: 5 years for labor receivables; for moral damages and tort-based claims, 2 years from learning / 10 years overall under TBK Art. 72.

Key Legal Basis

Labor Law 4857 Arts. 5, 24/II, 77 · TBK Arts. 56-58, 72, 417 · Law 7036 Art. 3 · Constitution Art. 17 (personal integrity) · 9th Civil Chamber case law

Frequently Asked Questions

What is workplace mobbing and how is it proven?

Mobbing is systematic, continuous psychological harassment intended to marginalise the employee. A pattern, not a single incident, is required. Correspondence, witness statements, e-mails, medical reports and performance reviews are typical evidence. The Court of Cassation accepts a "strong inference" standard rather than full proof. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

What can be claimed in a mobbing case?

The employee may seek non-pecuniary damages, medical expenses and material losses for any treatment period; termination for just cause based on mobbing also opens severance pay. The burden of proof lies on the employee but a strong inference is sufficient. The amount is set according to the concrete impact on the worker. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Disclaimer

The information on this page is for general informational purposes only. Each matter should be assessed based on its specific facts and circumstances.

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