Short answer
According to the Turkish Court of Cassation, psychological harassment at work (mobbing) occurs when an employee is targeted by conduct that extends over a certain period and becomes systematic. A single argument, harsh criticism or a work-related change of duties is not automatically mobbing.
The employer must take the necessary measures to prevent employees from being psychologically harassed (Turkish Code of Obligations, Art. 417). As a rule, the burden of proof lies with the employee who makes the claim. However, the Court applies an “approximate proof” approach based on the typical course of events and experience.
1. What is and is not psychological harassment?
Court of Cassation, 9th Civil Chamber, 04.10.2022, Docket 2022/8257, Decision 2022/11098: For an act to be accepted as psychological harassment, “it must be carried out by targeting an employee, the harassment must extend over a certain period and it must become systematic.”
| Situations that may be assessed as mobbing | Situations that are not mobbing on their own |
|---|---|
| Repeated humiliation of a particular employee | A one-off argument or tension |
| Systematically assigning tasks outside the job description, exclusion from work | A reasoned change of duties required by the work and applied similarly to everyone |
| Persistent pressure, intimidation and isolation | Proportionate and specific criticism of performance |
This distinction is made on the basis of all the facts of the case. The same conduct may remain an isolated incident in one file but form part of systematic pressure over a long period in another.
2. The employer’s obligations
Under Article 417 of the Code of Obligations, the employer must protect and respect the employee’s personality in the employment relationship. It must also ensure order at the workplace consistent with the principles of good faith, and in particular take the necessary measures to prevent employees from suffering psychological and sexual harassment and to prevent those harassed from suffering further harm. Compensation for damage arising from violation of personality rights due to breach of this obligation is subject to the rules on contractual liability.
In practice, the following steps by the employer are important: setting up a clear complaint and reporting channel, examining complaints impartially, hearing those concerned, and recording the outcome and measures taken.
3. Proof and evidence
According to the same decision, a person who claims to have been psychologically harassed must prove it. However, since harassment usually takes place between the parties, the Court stated that it is useful to reach a conclusion by considering the typical course of events and rules of experience. It described this “approximate proof” approach as suited to the nature of the matter. In that decision, witness statements and medical reports on psychological treatment were assessed together with the chronological order of events.
- Incident log: Date, place, persons involved and a short description of what happened.
- Written communication: E-mails, messages, assignments and warning letters.
- Witnesses: Colleagues who personally saw the incidents.
- Medical documents: Treatment records and reports.
- Internal complaints: Complaints made to the employer and the response.
Approximate proof does not mean that a claim is accepted without evidence. The specific facts are assessed as a whole.
4. Available legal routes
- Internal complaint to the employer: A written request for measures to be taken.
- Non-pecuniary damages: An employee whose personality rights were infringed may claim non-pecuniary damages (Art. 58). In the 04.10.2022 decision, the judgment was reversed because the non-pecuniary damages awarded were too low.
- Termination of the employment contract: Where the conditions are met, the employee may terminate the contract for just cause. The 9th Civil Chamber upheld a decision awarding severance pay following termination due to psychological harassment (04.11.2025, Docket 2025/6841, Decision 2025/8428). The outcome depends on the evidence in each file.
- Mediation: For claims for employee receivables and compensation based on law or contract, applying to a mediator before filing a lawsuit is a precondition for the lawsuit (Labour Courts Law No. 7036, Art. 3). The scope should be assessed separately according to the type of claim.
5. Personal data and protection of private life
Unlawfully obtained evidence may not be taken into account by the court in proving a fact (Code of Civil Procedure, Art. 189/2). Accessing other people’s correspondence without authorisation or recording private conversations without consent is therefore risky. The employer, too, must take the necessary measures during a complaint investigation to prevent the personal data it obtains from being processed or accessed unlawfully (Personal Data Protection Law No. 6698, Art. 12).
6. Checklists
For employees
- A dated incident log
- Relevant e-mails and messages (those sent to you)
- Witnesses’ names and the incident each witnessed
- Medical records
- Your complaint to the employer and its response
For employers
- A written anti-harassment policy and reporting channel
- Records showing complaints were examined impartially
- Documentation of measures taken
- Protection of personal data during investigations
7. Hypothetical examples
Hypothetical example 1 (employee): Y says that, for months, a manager repeatedly humiliated Y in meetings and assigned tasks outside Y’s job description. Y applies with an incident log, e-mails, witnesses and treatment records. The court assesses the events as a chronological whole.
Hypothetical example 2 (employer): Company Z receives a psychological harassment complaint from an employee. The company records the complaint, hears the parties and witnesses, takes the necessary measures and documents the process. These records show how the employer fulfilled its duty to take measures under Article 417.
These examples are not based on real persons or files; the outcome depends on the specific circumstances.
8. Frequently asked questions
Is it mobbing if my manager shouted at me once?
A one-off incident may not be mobbing on its own. The Court of Cassation looks for targeting, continuity and systematic conduct.
How do I prove mobbing?
Witnesses, correspondence, medical records and dated incident notes are assessed together. The Court applies an approximate proof approach based on the typical course of events.
May I make a secret audio recording?
Unlawfully obtained evidence is disregarded and may also give rise to liability. This requires an assessment of the specific situation.
If I resign because of mobbing, can I receive severance pay?
If psychological harassment is proven and the conditions for termination for just cause are met, severance pay may arise. The outcome depends on the evidence in the file.
What should I do as an employer?
Record the complaint, examine it impartially, take measures and document the process.
9. Sources
- Turkish Code of Obligations No. 6098 (Turkish): Arts. 58, 417
- Code of Civil Procedure No. 6100 (Turkish): Art. 189
- Personal Data Protection Law No. 6698: Art. 12
- Labour Courts Law No. 7036: Art. 3
- Court of Cassation, 9th Civil Chamber, 04.10.2022, Docket 2022/8257, Decision 2022/11098
- Court of Cassation, 9th Civil Chamber, 04.11.2025, Docket 2025/6841, Decision 2025/8428
- Decisions can be searched by reference on the Court of Cassation decision search system (Turkish).
This article provides general information and does not replace a review of the specific facts and documents. Current legislation and case-specific circumstances require separate assessment.