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What is Mobbing (Psychological Harassment) in the Workplace? How to Prove, What Compensation is Requested? Turkish Code of Obligations No. 6098 art. Labor Law No. 417, 4857 art. 24 and the Elements of Psychological Harassment and Legal Remedies in the Light of the Supreme Court Practice (2026)
It was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Mobbing is the systematic intimidation, exclusion or forcing of an employee to leave the job for a certain period of time in the workplace. A one-off harsh warning or an argument with a co-worker does not constitute psychological harassment; The Supreme Court looks for systematicity, continuity and purposefulness. Employer, Turkish Code of Obligations art. Under Article 417, he is under an obligation to prevent harassment. The employee may use the means of termination for just cause, severance pay and non-pecuniary compensation; In proof, approximate proof is considered sufficient.
Mobbing refers to the systematic intimidation, exclusion, humiliation or forced dismissal of an employee in the workplace for a certain period of time. Searches for "what is mobbing", "mobbing case" and "mobbing compensation" show that employees are in serious need of information on this subject.
Not every negative behavior is legally considered mobbing. A one-time harsh warning, instructions given as required by the job, or a single argument with colleagues does not constitute psychological harassment. For legal protection, the Supreme Court requires that behaviors be systematic, continuous and aimed at a specific purpose. This guide explains the elements of mobbing, proof methods and legal remedies that can be applied.
Turkish Code of Obligations art. 417: The employer is obliged to protect and respect the personality of the worker, and to take the necessary precautions, especially to prevent workers from being subjected to psychological and sexual harassment and to prevent further harm to those who have been subjected to such harassment. Damages arising from breach of this obligation will be compensated in accordance with the liability provisions arising from breach of contract.
Labor Law art. 24/II: If the employer says words that harm the honor and decency of the employee, teases him, or fails to take the necessary precautions against harassment in the workplace, this gives the employee the opportunity to terminate the contract for just cause.
Labor Law art. 5: If the employer violates the obligation of equal treatment, the employee may request discrimination compensation equal to up to four months' wages.
Constitution art. Law No. 17 and 6701: The right to protect one's material and moral existence and the opportunity to apply to the Turkish Human Rights and Equality Institution also provide additional protection.
Blocking communication Not inviting to meetings, constantly interrupting, ignoring, excluding from the flow of information
Attack on social relations Isolation from the team, taking them to a separate room, preventing other employees from talking to the worker
Attack on reputation Public humiliation, spreading false rumors, mocking personal characteristics
Damage to professional standing Giving meaningless work below the quality, not giving any work at all, constant and unfair criticism
Pressure for health Working under harsh and inadequate conditions, threats, deliberate forcing to exhaustion
The source of the behavior may be the employer or senior manager, or it may be colleagues at the same level.
When the employer does not take precautions against harassment that he knows or should know about, even if he does not practice it himself, TCO art. He is responsible in accordance with Article 417.
Since psychological harassment often occurs behind closed doors, rather than in front of witnesses, the Supreme Court does not expect definitive proof from the worker, and considers approximate proof of the events to be sufficient. But this does not mean that the claim is allowed to remain abstract. The Supreme Court rejects the claim for compensation in cases where the worker cannot provide evidence other than the statements of witnesses within the community of interest and cannot demonstrate systematic pressure (Supreme Court 9th HD, E. 2023/4113, K. 2023/7144,
T. 15.05.2023).
Written records: E-mail, corporate messaging and text message records, change of duty letters, unfair minutes.
Health records: Doctor reports and treatment documents received during the process; temporal link between behaviors and deterioration in health status.
Witness statements: Statements of people who personally witnessed the events and, if possible, are still working at the workplace.
Applications: Complaints made to the employer, human resources, ethics committee or ALO 170 line; Failure to take action despite the complaint aggravates the employer's liability.
Keeping a diary: Regular recording of events by specifying date, time, person and content creates a consistent picture when evaluated together with other evidence.
Termination for just cause and severance pay: The employee who is exposed to mobbing may terminate the contract pursuant to Article 24/II. may be entitled to severance pay upon termination for just cause in accordance with the article.
Non-pecuniary damage: TBK art. Non-pecuniary damages may be claimed in accordance with the provisions of Article 417 and violation of personal rights.
Financial compensation: Damages arising from treatment expenses and loss of ability to work may be claimed.
Discrimination compensation: If the pressure is based on a reason for discrimination such as gender, religion, political opinion, Labor Law art. Within the scope of Article 5, compensation amounting to up to four months' wages comes to the agenda.
Mediation: Applying to a mediator before filing a lawsuit for compensation claims arising from the employment contract is a condition of litigation in accordance with Law No. 7036.
moral compensation Article 417 of the Turkish Code of Obligations and provisions on violation of personal rights
Case Summary: The new manager of Ms. Canan, who worked as a senior specialist in the head office of a bank, excluded her from meetings for six months, described her as "incompetent" in front of her team, and finally took her computer and assigned her to organize documents in the archive room. Ms. Canan applied to the psychiatric outpatient clinic twice during this period. Legal Evaluation: Repetition of behaviors for six months, conscious damage to professional standing and time connection in health records indicate the existence of systematic pressure. Witness statements supported by e-mails and a change of duty letter are considered sufficient for approximate proof in most cases. Ms. Canan may request severance pay and also moral compensation through justified termination.
Case Summary: Mr. Tolga, a sales representative, described his manager's criticism of him by raising his voice in a meeting where the targets were not achieved as mobbing and requested moral compensation. Legal Evaluation: A harsh criticism that consists of a single incident, is related to the requirements of the job and is not repeated afterwards, does not have the elements of continuity and systematicity sought by the Supreme Court. In this case, it is difficult to accept a claim for compensation based on mobbing; However, if the words are insulting, a violation of personal rights may be evaluated separately.
How long does it take for mobbing?
There is no specific period stipulated in the law. The Supreme Court requires that the behavior be repeated and continuous; This evaluation is made according to the circumstances of each case.
Can an employee who resigns due to mobbing receive severance pay?
Yes, if psychological harassment is clearly stated as a reason in the termination notice and the allegation is approximately proven, the departure will be considered as termination for just cause and severance pay will arise.
Can a lawsuit be filed against the mobbing manager?
It is possible to file a lawsuit for damages against a manager or colleague who violates personal rights, in accordance with the provisions of tort. If the actions constitute a crime such as insult, threat or sexual harassment, criminal investigation is also on the agenda.
Not recording events by specifying date, time and person.
To resort to termination without making a written complaint to the employer or human resources.
Not clearly stating the reason for psychological harassment in the termination notice.
Considering a one-time incident as mobbing and filing a lawsuit for compensation.
Failing to record complaints and create a written anti-harassment policy.
The factor that determines the outcome in mobbing cases is not how severe the pressure is felt, but to what extent it can be demonstrated with concrete facts. Securing the evidence while the pressure continues, correctly justifying the termination notice, and placing the requests on the correct legal basis should be planned together.
Küheylan Law Firm, in the creation of evidence strategy, justified termination and compensation processes of employees exposed to psychological harassment; It also supports employers in preparing anti-harassment policies and conducting internal review processes.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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