The rights within the Labour Law of the employees exposed to psychological harassment at work

The concept of psychological harassment is a developing legal term and it is known that there are problems in practice related to psychological harassment. For this reason, psychological harassment activities are carried to the judiciary. When the cases are examined, it is seen that the Supreme Court of Appeals which has different decisions from different courts has no stabilized case law. The main reason for this situation is that the limit of psychological harassment has not been clearly revealed due to the lack of legislation in our legislation. Doctrine, supervisors, workersdeliberate maltreatment of workers in a workplace by their at the same or lower level is defined as psychological harassment. Psychological harassment usually involves workplaces, schools, hospitals, etc. is often found in communities. With psychological harassment, the perpetrator selects a victem worker identified in the workplaces and consciously eliminates the workplace's well-being. Psychological harassment are behaviors that darken the inner world of the worker, plagues workers, humiliated insult them, and make them feel worthless. The victim who has been subjected to psychological harassment may choose legal remedies to prevent, stopping and detection psychological harassment. The victim workers may open the cases of material and non-pecuniary damages for the remedy of losses. In addition the victim workers may demand compensation for discrimination due to the act of psychological harassment. Workers who terminate the contract for a valid reason may demand notice for compensation, bad intention compensation, severance pay and return to work may file an action for reinstatement. Psychological harassment applied to the victim worker is systematic behavior. Therefore, any each rude or bad behavior in the workplace cannot be called psychological harassment. At this point we encounter the problem of proving the act of psychological harassment. In general, it is not entirely possible to prove whether there was psychological harassment of an action taking place in the concrete case. Therefore, in cases of psychological harassment, the tools that facilitate the burden of proof must be utilized. In terms of ease of proof, instead of full proof, according to the rules of experience, taking into account the actions of the causal link, taking the proof of proof, a principle of interpretation in favor of the worker is required. In the case of a concrete incident, if the victim worker provides strong evidence, it must be assumed that he fulfills the burden of proof. Psychological harassment was dealt with in our psychological harassment study because of lack of legislation and frequent occurrence in practice. With this study, it was aimed to enlighten the public and to contribute to the Turkish Labor Law. The lack of proof of psychological harassment and the elimination of this deficiency is another purpose of the study. This work will determine the methods and principles of psychological harassment and will contribute to the legal community in terms of theory and practice.