What Is Mobbing and How Do You Prove It? Legal Remedies for Psychological Harassment at Work in Turkey

1. What is mobbing?

Turkish statutes contain no general definition of "mobbing". Presidential Circular No. 2025/3 describes psychological harassment as employees being deliberately and systematically, over a certain period, humiliated, belittled or excluded at work, having their personality and reputation damaged, being ill-treated, intimidated or treated in similar ways (Official Gazette, 6 March 2025, No. 32833 [2]). This circular repealed the earlier Prime Ministry Circular No. 2011/2 on the same subject. A circular is not a statute, but it shows how the administration and practice understand mobbing.

The Plenary Assembly of Civil Chambers of the Court of Cassation (Yargıtay HGK) likewise requires that the conduct target a particular employee, extend over a period of time and become systematic (Yargıtay HGK, 9 February 2021, E.2016/1427, K.2021/53 [3]). Three elements stand out:

• Repetition and system: a pattern over time, not a single incident.
• Intent: conduct aimed at wearing down, excluding or pushing the employee out.
• A target: a particular employee or group of employees.

Mobbing can come from managers, from colleagues at the same level or from subordinates. The employer's duty to take measures covers the workplace as a whole, whoever the harasser is (Code of Obligations art. 417(1)).

What can count as mobbing?

Each case is assessed on its own facts. When repeated and combined, these behaviours may indicate mobbing:

• Constant humiliation, ridicule or shouting in front of others
• Deliberate exclusion from meetings, correspondence and information
• Giving no work, meaningless work far below the employee's level, or impossible deadlines
• Removing duties and authority without reason
• False accusations, spreading rumours, constant unjustified criticism
• Intimidation, pressure to resign, frequent unjustified changes of duties

What may not count as mobbing on its own?

• A single argument or a sharp warning. The Court of Cassation likewise does not treat a few occasional, isolated rude or impolite acts that are not continuous as psychological harassment (HGK, E.2016/1427, K.2021/53).
• Ordinary workload and stress inherent in the job
• Performance reviews based on objective criteria, normal allocation of work or properly conducted disciplinary steps

This does not mean such conduct has no legal consequences. A single insult, for example, may still be a criminal offence or give the employee grounds to terminate.

2. What is the employer's responsibility?

The employer must protect and respect the employee's personality and maintain a workplace in line with good faith. In particular, it must take the measures needed so that employees are not subjected to psychological or sexual harassment, and so that those who have been harassed do not suffer further harm (art. 417(1)). Circular 2025/3 likewise states that combating psychological harassment at work is primarily the responsibility of employers and managers.

Compensation for harm to the employee's personal rights caused by the employer's breach is governed by the rules on contractual liability (art. 417(3)). So even if the employer is not the harasser, it may be liable if it knew of the harassment and did not act.

3. How do you prove mobbing?

The rule: unless the law provides otherwise, the burden of proof lies with the party who derives a right from the alleged facts (Code of Civil Procedure art. 190 [5]). An employee claiming compensation or just-cause termination because of mobbing must, as a rule, prove the conduct.

In practice: the Plenary Assembly of Civil Chambers of the Court of Cassation requires the employee's account of events to be consistent and supported by a strong indication. In the same decision, it held that a claim for moral damages not proven by concrete evidence had to be dismissed (Yargıtay HGK, 9 February 2021, E.2016/1427, K.2021/53 [3]). So it is decisive to show events through correspondence, documents and witnesses that support one another.

Discrimination-based mobbing: here the law expressly eases the burden. Once the employee shows a situation that strongly indicates a breach of the equal treatment principle, the employer must prove there was no breach (Labour Law art. 5 [6]). A similar rule applies to applications to the Human Rights and Equality Institution (Law No. 6701 art. 21).

What evidence can be used?

Photos, video, audio recordings and electronic data can count as "documents" (Code of Civil Procedure art. 199 [5]). However, evidence obtained unlawfully cannot be taken into account by the court (art. 189(2)).

Practical tips for gathering evidence

• Write events down on the day: date, time, place, what was said or done, who was present.
• Complain to the employer or HR in writing and keep proof that you did. This shows the employer was informed.
• If your health is affected, see a doctor; medical records can show the effect on your health.
• List potential witnesses and which events they saw.
• Keep evidence in a personal, secure place; your access to company accounts may end when you leave.

4. Where can you apply?

These routes are not mutually exclusive; depending on the situation, several can be used together.

A written complaint to the employer

In most cases the first step is to report the situation in writing to the employer or the unit it designates (HR, ethics committee, etc.). The employer must take measures so that the person harassed does not suffer further harm (art. 417(1)). A written report is also key evidence if it is later disputed whether the employer knew.

Complaints to the Ministry and CİMER

According to the Ministry of Labour and Social Security, psychologists trained in workplace psychological harassment staff the ALO 170 line; they inform and guide callers and take complaints from those who wish to file one. Complaints made to the Ministry through CİMER, ALO 170 or a petition are sent to the employing institution if the employee works in the public sector, while private-sector complaints are examined by the Ministry's own units (Ministry of Labour and Social Security, 27 February 2025 [8]).

Circular 2025/3 states that employees subjected to psychological harassment can, following the procedures in the relevant legislation, apply to the institution where they work, to CİMER, to the Petitions Committee of the Grand National Assembly, through ALO 170 or directly to the Ministry of Labour and Social Security, to the Human Rights and Equality Institution and to the Ombudsman Institution.

These complaints do not replace a compensation claim, but they create an official record, and the outcome of an inquiry can later be used as evidence.

Human Rights and Equality Institution

If the mobbing is based on one of the discrimination grounds listed in the law (for example sex, disability, age or belief), you can apply to the Human Rights and Equality Institution of Türkiye (Law No. 6701 art. 17 [4]):

• First ask the other party to correct the practice. If it refuses or does not reply within thirty days, you can apply. The Institution may waive this step where irreparable harm is likely.
• Applications are free and can also be filed through governorships and district governorships.
• For discrimination claims under Labour Law art. 5, the complaint procedures under that law must be followed first; you can apply to the Institution if no sanction results.
• An application made within the time limit for filing a lawsuit stops that time limit from running.

If the Institution finds a breach, it imposes an administrative fine; its Board may convert the fine into a warning once (art. 25). An application to the Institution does not replace a lawsuit for compensation.

A criminal complaint to the prosecutor

The Turkish Criminal Code has no separate offence called "mobbing", but some acts within a pattern of mobbing may be offences in their own right, for example:

• Insult (art. 125). Except for insults against public officials because of their duties, prosecution requires a complaint by the victim (art. 131).
• Sexual harassment (art. 105). The penalty is increased by half if the offence takes advantage of an employment relationship or of working in the same workplace; if the victim had to leave their job as a result, the penalty cannot be less than one year.
• Violation of the freedom to work (art. 117(1)): using force, threats or other unlawful conduct; prosecution requires a complaint.
• Threats (art. 106).

For offences that require a complaint, it must be filed within six months of learning of the act and the offender. For insult, this period can in no case exceed two years from the date of the act (Criminal Code art. 73(1)-(2) [7]). Criminal proceedings run independently of any compensation claim against the employer.

Public servants

Workers employed by public bodies under an employment contract are subject to the Labour Law and the Code of Obligations like private-sector employees. For civil servants and other public officials, the route differs:

• A complaint can be made in writing within the institution (to its disciplinary and inspection units); complaints made to the Ministry are also forwarded to the institution concerned.
• Compensation claims arising from faults committed by public officials in the exercise of their powers can only be brought against the administration (Constitution art. 129(5) [9]).
• For harm caused by administrative acts, before suing you must apply to the administration within one year of learning of the act and in any case within five years of it. If the request is refused or not answered within thirty days, you can sue in the administrative courts (Administrative Procedure Law art. 13 [10]). For written decisions such as an unjustified transfer, the general time limit to sue is sixty days (art. 7).
• Once administrative remedies have been exhausted, you can also apply to the Ombudsman Institution within six months of service of the administration's reply or of the end of its sixty-day reply period. Disputes before the courts are not examined (Law No. 6328 art. 17 [11]).

5. Can you terminate your contract because of mobbing?

The Labour Law allows an employee to terminate the contract immediately for just cause, without notice, in certain situations (Labour Law art. 24(II) [6]). The article does not name "psychological harassment" as such, but mobbing behaviour often falls under one of these grounds:

• The employer says or does things that offend the employee's honour and dignity (art. 24(II)(b))
• The employer provokes or intimidates the employee, or makes baseless serious accusations damaging the employee's honour (art. 24(II)(c))
• The employee is sexually harassed at work by another employee or a third party, reports it to the employer, and the employer fails to take the necessary measures (art. 24(II)(d))

The Plenary Assembly of Civil Chambers of the Court of Cassation has accepted that an employee found to have been subjected to mobbing terminated the contract for just cause and was entitled to severance pay (Yargıtay HGK, 3 June 2021, E.2017/486, K.2021/691 [12]). Whether particular conduct is serious enough depends on the facts of the case.

Time limit: the right must be used within six working days of learning of the conduct, and in any case within one year of the act (art. 26(1)). With ongoing conduct, when this period starts may be disputed, so decide without delay and state the reasons clearly in the termination notice.

Consequences: an employee who terminates for just cause is entitled to severance pay if its conditions are met. Severance pay is 30 days' wages for each full year of service (Labour Law No. 1475 art. 14 [13]).

6. What compensation can be claimed?

• Non-pecuniary (moral) damages: a person whose personal rights are infringed can claim a sum of money for non-pecuniary harm (Code of Obligations art. 58 [1]). There is no fixed amount; the court decides on the facts.
• Pecuniary damages: provable losses such as treatment costs or loss of earning capacity.
• Discrimination compensation: if the mobbing is based on a ground listed in Labour Law art. 5, the employee may claim appropriate compensation of up to four months' wages plus any rights lost.
• Severance pay and other employment receivables: severance after just-cause termination, plus unpaid wages, overtime and annual leave pay.

Claims may also be brought against the person who carried out the mobbing under the tort rules (Code of Obligations arts. 49 and 58). Who to sue and in which court depends on the facts.

Limitation periods

Which period applies can depend on the basis of the claim and who it is brought against. If the act is also a crime with a longer limitation period, that period applies to the tort claim (art. 72(1)).

7. How does the court process work?

Mediation is mandatory. For claims by employees for receivables and compensation based on the law or an employment or collective agreement, applying to a mediator before filing suit is a precondition; a case filed without mediation is dismissed on procedural grounds (Labour Courts Law No. 7036 art. 3 [14]). The law excludes compensation claims for work accidents and occupational diseases from this rule (art. 3(3)). The Plenary Assembly of Civil Chambers of the Court of Cassation has also examined an employee's claim for pecuniary and moral damages against the employer for mobbing under the mandatory mediation rule (Yargıtay HGK, 1 April 2026, E.2025/257, K.2026/213 [15]). So for severance pay, employment receivables and compensation claimed from the employer because of mobbing, you first apply to the mediation office.

• Where: the mediation office where the other party is domiciled or where the work was performed (art. 3(5)).
• Duration: the mediator must conclude within three weeks of appointment, extendable by up to one week where necessary (art. 3(10)).
• Limitation: limitation periods are suspended, and forfeiture periods do not run, from the mediation application until the final report (art. 3(17)).
• Fees: if no agreement is reached, two hours of the mediator's fee are paid from the Ministry of Justice budget; time beyond two hours is shared equally unless agreed otherwise. Both amounts count as litigation costs (art. 3(14)).

The lawsuit: if mediation fails, the case is filed at the labour court with the final mediation report attached (art. 3(2); Law No. 7036 art. 5 [14]). The competent court is the court where the defendant is domiciled or where the work was performed (art. 6).

8. Hypothetical example

This example is purely hypothetical. D has worked as a sales specialist at a company for four years. After a new manager arrives, for eight months D is left out of weekly meetings, D's client portfolio is handed to colleagues without explanation, and D is belittled several times in team correspondence. D saves the emails in a personal location, logs events with dates and witnesses, and complains to HR in writing, but nothing is done. During this period D receives treatment at a psychiatric clinic. Soon after the latest incident, D terminates the contract for just cause with a notice that states the reasons clearly, and applies to the mediation office for severance pay and moral damages. If no agreement is reached, a case can be filed at the labour court. The outcome will depend on the content of the correspondence, the consistency of witness statements and any objective reasons the employer can show for its conduct.

9. FAQ

Do I have to leave my job to claim compensation?

No. A claim for infringement of personal rights can be made while the employment continues; mediation is required first here too. Severance pay, however, arises only when the contract ends and the conditions are met.

Is one witness's account enough?

Often not. The Plenary Assembly of Civil Chambers of the Court of Cassation found that a witness statement describing a few occasional incidents in general terms, without support from other evidence, was not enough to prove mobbing (HGK, E.2016/1427, K.2021/53). It helps if witness accounts are backed by correspondence and documents.

What if I am dismissed because I complained?

Applying to administrative or judicial authorities against the employer, or taking part in such a process, is not a valid reason for dismissal (Labour Law art. 18(3)(c) [6]). If you are covered by job security, a reinstatement claim is possible; you must apply to a mediator within one month of service of the termination notice (art. 20).

The manager who harassed me has left the company. Can I still apply?

Yes. The employer's duty to take measures, and its related liability, does not end because the harasser has left. The dates of events still matter for limitation periods and the time limit for just-cause termination.

How much compensation can be awarded?

In setting moral damages, the court considers how the mobbing conduct took place and developed, how long the employee was exposed to it, the parties' positions and their economic and social circumstances. The Court of Cassation may overturn awards it finds excessive under these criteria (HGK, E.2017/486, K.2021/691).