Introduction
Mobbing is the systematic psychological harassment of a person in the workplace. Mobbing, which is becoming more and more common in workplaces in Turkey, is an important problem that negatively affects both the health of employees and work productivity. Mobbing is negative behaviours such as long-term psychological pressure, humiliation, humiliation and may manifest itself in the form of social exclusion, humiliation or constant criticism in the workplace.
1. What is Mobbing and How is it Detected?
Mobbing is generally defined as a set of negative behaviours that are repeated regularly over a certain period of time. Recognising this situation is critical for the victim to understand what rights they have. Mobbing can often be manifested by the following behaviours:
– Constant criticism and constant denigration of work
– Social exclusion
– Emotional abuse and belittlement
– Psychological violence
If such behaviours are systematic, the victim may not be able to work at the workplace anymore. Victims of mobbing should record such incidents in detail and support them with witnesses.
2. Fighting against mobbing and legal rights
In Turkey, there are a number of legal remedies to combat mobbing. The topic of “legal rights against mobbing”, which is one of the most searched keywords, contains important information for victims. Various rights are granted to mobbing victims under the Labour Law, Turkish Code of Obligations and Civil Code.
a) Rights under the Labour Law
Labour Law No. 4857 states that the employee has certain rights in case of psychological harassment at the workplace. According to the Labour Law, the employer is obliged to protect the mental and physical health of the employees. Failure of the employer to fulfil this obligation allows employees to terminate the employment contract for just cause.
– Right to Rightful Termination: If the employee can prove that he/she has experienced mobbing at work, he/she can terminate the employment contract for just cause and demand compensation.
– Notice and Severance Pay: The employee who terminates the employment contract due to mobbing may be entitled to receive notice and severance pay.
b) Rights under the Turkish Code of Obligations
According to the Turkish Code of Obligations, the employer owes a duty of loyalty and care to the employee. In case of breach of this obligation, the employee has the right to sue for material and moral damages.
– Material Compensation: Compensation can be claimed from the employer for the material damages suffered by the employee due to mobbing.
– Moral Compensation: In cases of mobbing that have negative effects on the mental health of the employee, the employee has the right to claim moral compensation.
c) Constitutional Court and ECHR Decisions
The Constitutional Court, one of the highest judicial bodies in Turkey, has made important decisions in cases brought by mobbing victims. At the same time, the European Court of Human Rights (ECHR) is a court that evaluates the applications of mobbing victims and makes decisions within the scope of human rights violations.
3. Evidence Collection and Litigation Process for Mobbing Victims
Another important issue for mobbing victims is how they can prove the harassment they have experienced. The question “How to prove mobbing?” constitutes an important step in the legal process. Some of the things to consider when filing a mobbing lawsuit are as follows:
– Documents and Records: Mobbing victims should keep written records to document the psychological harassment they have been subjected to. Emails, messages and other written documents can serve as evidence.
– Witnesses: Co-workers or people who witness the mobbing incident play an important role in the litigation process. Witness statements are critical in proving mobbing.
– Psychological Reports: People who receive psychological assistance due to mobbing can gain an advantage in the legal process by documenting these aids. Psychologist or psychiatrist reports can help to prove the effects of mobbing on the victim.
4. Effective Methods and Legal Application Authorities in Combating Mobbing
The most effective ways to combat mobbing is for the victim of mobbing to learn his/her legal rights consciously and to apply for legal remedies.
a) Obligations of the Employer
Employers have important responsibilities in preventing mobbing. Some of the methods that can be applied by employers to prevent mobbing at workplaces are as follows
– Training and Information: Employees should be informed about what psychological harassment in the workplace is and how it can be prevented.
– Complaint Mechanisms: A reliable complaint mechanism should be established in workplaces where mobbing can be reported and such incidents can be investigated.
– Audit and Investigation: Employers should seriously investigate mobbing allegations and take disciplinary action if necessary.
b) Legal Application Authorities
Victims of mobbing can apply to various legal authorities to seek their rights. The main legal authorities dealing with mobbing cases in Turkey are as follows:
– Labour Courts: People who think that they have been subjected to mobbing at work can apply to the labour courts and claim compensation.
– Ministry of Labour and Social Security: Complaints of mobbing can be made to the Ministry of Labour and Social Security. The Ministry is an important authority that conducts mobbing investigations in workplaces.
– Human Rights and Equality Institution: Victims of mobbing can make a complaint about mobbing by applying to the Human Rights and Equality Institution of Turkey.
5. Institutions that can provide support for mobbing victims
In Turkey, mobbing victims can apply to many institutions where they can receive both psychological and legal support.
a) Psychological Support
Victims of mobbing should receive support from experts to get rid of the effects of psychological harassment. Psychologists and psychiatrists can contribute to the psychological healing process of mobbing victims.
b) Legal Counselling
Victims of mobbing should seek help from professional lawyers in legal processes. Lawyers specialised in mobbing can defend the rights of victims in the best way and carry out compensation cases.
Conscious Steps in Combating Mobbing
In Turkey, mobbing in the workplace has become an increasing problem. It is of great importance that people who struggle with mobbing take a strong legal stance and use their legal rights effectively.
In order to protect their rights and seek justice, mobbing victims can apply to labour courts, collect documents to prove mobbing and receive professional support. In order to prevent mobbing at workplaces, employers should fulfil their responsibilities and create a healthy working environment at work.