Mobbing, which generally refers to psychological harassment expressed through words or behavior in the workplace, can manifest itself in various forms, such as ridicule, public humiliation, or unreasonable work demands. Mobbing, which can cause anxiety and panic disorders in people who are isolated from those in positions of power or authority, especially in hierarchical structures, and who are exposed to it for a long time, is an external factor that must be eliminated for the sake of the person’s mental health.
It is necessary to first determine and confirm whether individuals exposed to mobbing at work are indeed being mobbed before filing a mobbing lawsuit; otherwise, the desired outcome may not be achieved in terms of the results of the mobbing lawsuit, and the employee may suffer further harm. A person wishing to file a mobbing lawsuit must first determine whether they have been exposed to the fundamental elements that constitute mobbing. These elements are as follows:
If the employee’s professional competence at work is questioned,
I f it has been stated and felt that the employee is not trusted,
If you are deliberately and intentionally given a task that cannot be completed and you want to complete this task,
I f there is information at work that the employee should know under normal circumstances but is being kept from the employee,
If the employee is ignored, excluded by other employees, and generally isolated from the work environment,
If the employee’s authority is restricted and there has been a negative change in their job description, it can be said that the employee is generally being bullied.
All these psychological pressures are created to make the employee feel helpless, insecure, and useless, and are sustained with the aim of getting them to resign voluntarily to avoid compensation proceedings.
BULLYING CASE
If a bullying case is to be filed for non-material compensation, it should be noted before the case is filed that the person subjected to bullying at work can use this situation in the process of being dismissed from work for just cause. Due to the employer’s obligation to protect the mental and physical integrity of the employee, individuals who are victims of mobbing in the workplace should report this situation to the employer and request that the employer take the necessary measures. Otherwise, for an employee who wants to file a mobbing lawsuit, the employment contract can be terminated for just cause, and severance pay can be received after the termination of the employment contract for just cause. In summary, a mobbing lawsuit is a legal process that may result in severance pay.
A person wishing to file a mobbing lawsuit may do so in the court where the employer alleged to have committed mobbing resides or in the labor court where the relevant workplace is located. However, a mobbing lawsuit may be filed not only for the workplace but also directly for the person subjected to mobbing.
Before the mobbing case is heard by the competent court, an explanatory petition must be prepared and submitted to the court. This petition must be duplicated in a number exceeding the number of defendants by one and submitted to the relevant court. The mobbing case must include all evidence in terms of the evidence to be provided in the petition. In other words, the process of presenting evidence in a mobbing case takes place when the petition is submitted. Without evidence and proof in a mobbing case, the case will be quite difficult. Therefore, it is very important to submit the list of evidence along with the petition. On the other hand, a mobbing case cannot be filed without a witness for a person who has no evidence or proof. In other words, a person without concrete evidence or proof must testify.
A mobbing lawsuit can also be filed while continuing to work. The time limit for filing a mobbing lawsuit is also valid after the employee leaves the workplace. T he statute of limitations for mobbing lawsuits is set at 2 years by law.
The employment contract of an employee who files a lawsuit alleging mobbing is terminated immediately. In this case, the employee is not entitled to a refund from the company, but to compensation. Penalties for mobbing lawsuits are determined according to the material and moral compensation obligations in tort lawsuits. T he legal rights of a person who has a mobbing complaint are as follows:
Termination of the employment contract for just cause
The right to claim discrimination compensation under certain conditions
T he right to claim compensation under the Code of Obligations and the Civil Code
The right to file a lawsuit against a manager who bullies at work and claim moral damages.
T he right to invoke provisions regarding compensation for bad faith under certain conditions.
On the other hand, following the outcome of a mobbing lawsuit, the losing party also has the right to appeal to the Supreme Court by preparing an appeal petition within 8 days of the conclusion of the case.What is Mobbing?