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