Workplace Mobbing: Definition, Evidence and Prevention

What is workplace mobbing? The legal basis

Turkish legislation has no general definition of mobbing in a single law; the concept takes shape by reading several texts together. The clearest description is in the Prime Ministry Circular No. 2011/2 on the Prevention of Psychological Harassment (Mobbing) in Workplaces, published in the Official Gazette of 19 March 2011. The circular describes workplace mobbing as psychological harassment that takes the form of deliberately and systematically humiliating, belittling and excluding an employee over a period of time, damaging their personality and dignity, subjecting them to ill-treatment and intimidating them. According to the first article of the circular, combating psychological harassment is primarily the employer's responsibility.

The other legal bases are:

• Turkish Code of Obligations Art. 417: The employer is obliged to protect the employee's personality and ensure order in the workplace in line with the principles of good faith, and in particular to take the necessary measures so that employees are not subjected to psychological and sexual harassment and that those who have been suffer no further harm.
• Law No. 6701 on the Human Rights and Equality Institution of Türkiye Art. 2 and 4: Defines acts carried out deliberately to alienate, exclude or wear down a person on the basis of the grounds of discrimination listed in the law, such as sex, religion, disability, age or health status, as workplace intimidation, and lists it among the types of discrimination.
• OHS legislation: Art. 5 of Law No. 6331 on Occupational Health and Safety lists, among the principles the employer must observe, developing a coherent and general prevention policy covering factors related to social relationships and the working environment. Among their duties, the workplace physician also examines the fit between the job and the employee in terms of psychosocial risks.

This article provides general information; for legal action in a specific dispute, always seek support from a lawyer.

The difference between mobbing and an ordinary workplace dispute

Not every heated argument, every negative performance review or every busy period is mobbing. The elements of the definition in the circular make the distinction easier: intent, systematic nature and duration.

An example: a production manager asking all shift supervisors for a weekly scrap report is a management prerogative. The same manager not inviting one supervisor alone to meetings for months, mockingly reading that supervisor's reports in front of everyone, and giving instructions to their team behind their back raises a suspicion of mobbing. Psychological harassment at work is not only seen from manager to subordinate; it can also occur between employees at the same level, or from employees towards a manager.

How is mobbing proven? Gathering evidence

The answer to how to prove mobbing is a regular record that shows the behaviour is systematic. A single incident can easily be explained away as a "misunderstanding"; a dated series of incidents cannot. When gathering evidence:

• Keep an incident log. For each incident, write down on the same day the date, time, place, who said or did what, who witnessed it and the effect it had on you.
• Keep written traces. Emails, messages, letters changing duties, removal from meeting invitations, performance reviews before and after the incidents.
• Identify witnesses. Note the names of colleagues who witnessed the incidents.
• Create health records. Records from doctors you consulted with sleep disorders, anxiety or depression show the effect of the process on your health.
• Inform the employer in writing. A written complaint to human resources or the employer, and the reply given, show that the employer was aware of the situation.

For intimidation claims based on a ground of discrimination, Art. 21 of Law No. 6701 eases the burden of proof: if the applicant presents strong indications and facts giving rise to a presumption that the claim is true, the other party must prove that it did not breach the prohibition of discrimination.

Mobbing complaint routes

The routes open to the employee are not alternatives to each other; depending on the seriousness of the situation, they can be used together:

1. Internal complaint: The employer's complaint channel, human resources, the OHS committee or the employee representative. This is the first place where the problem can be solved before it grows.
2. ALO 170: The circular provides for help and support to employees through psychologists via ALO 170, the Labour and Social Security Communication Centre, to combat psychological harassment.
3. Ministry inspection: Under the circular, inspectors examine psychological harassment complaints meticulously and conclude them as soon as possible.
4. Human Rights and Equality Institution of Türkiye: If the intimidation is based on a ground of discrimination listed in the law, an application can be made to the Institution.
5. Mediation and labour court: Under Art. 3 of Law No. 7036 on Labour Courts, applying to a mediator before filing a lawsuit is a precondition for employee receivables and compensation claims based on the law or the employment contract.
6. Acts constituting a crime: For acts such as threats, insults or sexual harassment, an application can be made to the Chief Public Prosecutor's Office.

The complaint routes for public servants differ according to their own personnel legislation.

The employer's anti-mobbing policy and complaints procedure

Art. 417 of the Turkish Code of Obligations places on the employer not only an obligation to refrain from harassment but also an obligation to take measures. The most concrete form of this is a written anti-mobbing policy and a working complaints procedure. The policy should include:

• A definition of psychological harassment and concrete examples from the workplace.
• That such behaviour will not be tolerated and will lead to disciplinary consequences.
• More than one complaint channel; the ability for the employee to apply while bypassing their direct manager.
• A commitment to confidentiality and a ban on retaliation: the person who complains or acts as a witness will not be treated unfavourably.
• Training for managers and explaining the policy in induction training.

The complaints procedure can be run in the following steps:

1. The complaint is received in writing or orally, given a reference number, and the applicant is sent an acknowledgement.
2. An initial interview with the applicant is held promptly; any need for urgent protection is assessed.
3. Interim measures are taken if necessary: moving the parties to separate shifts or departments. This measure must not work to the victim's disadvantage.
4. An impartial investigation team collects documents and hears the witnesses and the person complained about.
5. An investigation report is prepared and a decision is made.
6. The outcome is notified to the parties in writing.
7. A few months later, a follow-up interview with the applicant checks whether there has been any retaliation.

The circular asks for the utmost care to protect people's private lives in proceedings concerning psychological harassment allegations; the investigation file should therefore be stored so that only a limited number of people can access it.

The role of the OHS team: prevention and early warning

Mobbing is also a psychosocial risk and should be included in the risk assessment. We explained how factors such as workload, role ambiguity and manager support can be measured with surveys and focus groups in our article on psychosocial risk factors. The workplace physician examines whether there is a link between repeated health-related absences and workplace risks, and these findings can be an early sign of psychosocial problems; for this and the physician's other duties, see our article on the duties of the workplace physician. Put the psychosocial risk survey, manager briefings and policy review into the annual plan and track them with the OHS calendar tool. Committee meetings also provide a setting in which employees can raise these issues safely; for how the committee works, see our article on how to set up an OHS committee.

A working environment based on respect is also a precondition for a culture of reporting and learning; we discussed this link in our article on how to build an OHS culture. To include psychosocial risks in the risk assessment, plan physician support and brief managers at workplaces in Bursa and the surrounding provinces, you can use our workplace physician and OHS specialist services.

Frequently Asked Questions

What is mobbing in short?

It is the deliberate and systematic humiliation, exclusion, belittling and intimidation of an employee over a period of time. The aim is often to alienate the person from the job or force them to leave.

Does a single insult count as mobbing?

Mobbing requires a systematic and continuous pattern; a single incident usually does not fall within the definition. However, a single insult or threat can also have other legal consequences and must always be dealt with within the workplace.

How is mobbing proven?

A dated incident log, emails and messages, letters changing duties, witnesses and health records together show that the behaviour is systematic. In applications based on a ground of discrimination, if strong indications are presented, the burden of proof shifts to the other party.

Is the employer responsible for mobbing?

Yes. Art. 417 of the Turkish Code of Obligations obliges the employer to take the necessary measures so that employees are not subjected to psychological harassment and that those who have been suffer no further harm. Even if the employer does not commit the harassment itself, failing to take measures can give rise to liability.