Master'sOpen Access

Mobbing at works and Turkish Law

2019
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Advisor: Dr. Öğr. Üyesi Ebru Tolay

Abstract (EN)

Meaning of mobbing, beginning and development of mobbing related researches, mobbing at works; mobbing process, mobbing behaviors, causes and consequences of mobbing, what can be done against mobbing and its effects are researched in the study. It is expressed that, there are law articles related to mobbing at works in Turkish Laws which are separate from each other, but the word mobbing is not used; A suggestion is offered for the arrangement and formation of an antimobbing at works law. According to the suggestion offered; 1- The law articles related to mobbing in Turkish Law must be brought together under the name, mobbing at works; a- The definition of mobbing at works must be made, b- General regulations (rights and obligations, unjust act) related to mobbing at works must be stated, c- Mobbing behaviors that are considered as crime must be given place separately, together with their sanctions, d- Types of lawsuits that can be sued because of mobbing must be defined and must bear the adjective mobbing, 2- A fixed and standard mobbing fine, without the right of recourse, must be determined. 3- Equality about the wage and other rights of the time passed in idleness must be provided. Literature is searched about subjects related to mobbing such as stress and post traumatic stress disorder besides mobbing and mobbing at works. Sources such as circular, report and dictionaries are scrutinized together with the books and articles determined, statistical datas are used and some calculations are made. Important informations are brought together under the headings taken place in the study. Twelve different Turkish Laws and Supreme Court Decisions are scrutinized from the point of view of mobbing at works; The articles of law, related to mobbing, are gathered under the headings of the suggested arrangement; explanations are made. Expressions and explanations are supported with examples. It is identified that the word mob was passed into English from the Latin phrase mobile vulgus in the early 17th century and was the abbreviated form of the word mobile; A mobbing lawsuit is met related to the year 1711. The first scientific definition and the first general definition of mobbing which could be reached during the study are included; it is seen that the studies, started about birds, children and works, continued increasingly. In fact, mobbing is a concept that has preserved its presence since the first existence of animals (and humans). In the study; mobbing, mobbing at works, mobbing process, mobbing behaviors and the time passed in idleness are defined; The Turkish equivalent of the word mobbing is identified. The reasons and results of mobbing at works and what the victim, family, friends and organizations can do against mobbing and its effects are explained, suggestions are offered. The expression and the suggestion, offered about the arrangement and formation of an antimobbing at works law, has been verified. Mobbing at works is found in Turkish Laws as an unjust act or a mistreatment with a sanction against it; but the person, who is harmed, must prove the fault of the harming person and the harm. Different mobbing behaviors, which are observed at works and found within the cover of unjust act and mistreatment, must be brought together by identifying their sanctions. Mobbing at works is a very bad process that can cause destructive results. For this reason, a law against mobbing must be formed and applied. Mobbing at works has been subject to a great many research and continues to be. Together with this, researches about the law against mobbing must be increased. Keywords: Mobbing, mobbing concept, definition of mobbing, mobbing at works, mobbing process, mobbing behaviors, causes of mobbing, results of mobbing, consequences of mobbing, effects of mobbing, stress, post traumatic stress disorder, mobbing at works and Turkish Law, law articles related to mobbing at works, Turkish Laws on mobbing at works, what can be done against mobbing and its effects, what kind of way can be followed against mobbing and its effects, mobbing lawsuits, which lawsuits can be sued against mobbing, lawsuits sueable against mobbing, the time passed in idleness, mobbing fine.

Author

Dr. Mehmet Göksen Kavlak

How to Cite

Mehmet Göksen Kavlak (Master Thesis). Mobbing at works and Turkish Law, 2019, Dokuz Eylül University.

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