Psychological harassment in the workplace (Mobbing)

In recent years one of the prominent psychosocial risks in working life in the world and in our country is psychological harassment in the workplace (mobbing). Psychological harassment in the workplace (mobbing) is the continuous systematic psychological attacks against the victim by the employer or other employees in the workplace to intimidate the victim. What should be understood from the psychological attack is all kinds of negative words, attitudes and behaviors made against the victim, from insults to humiliating words aimed at disturbing the victim. Although psychological harassment in the workplace is similar to various concepts such as discrimination and sexual harassment, it is different from these concepts in some aspects. In Turkish Law, the concept of psychological harassment in the workplace was firstly the subject of judicial decisions and then took place directly in various legal regulations. With psychological harassment in the workplace, the employment contract of the worker is violated in various aspects. Psychological harassment in the workplace (mobbing) may occur as a result of the employer's behavior contrary to the employer's obligation of protection of the employee's personality or the employer's obligation of equal treatment. According to the Occupational Health and Safety Law No. 6331 and the Turkish Code of Obligations No. 6098, the employer must take all kinds of measures against psychological harassment in the workplace. Violation of these legal obligations by the employer will have various legal consequences. Due to psychological harassment in the workplace, the victim worker may demand various compensation and receivables from the employer. If these acts that constitute psychological harassment in the workplace constitute a crime, the perpetrators may be punished. According to the legal regulations and the jurisprudence of the Supreme Court regarding the proof of psychological harassment in the workplace, various ease of proofs will be provided to the victim worker.