I'm Facing Workplace Mobbing in Turkey — What Are My Rights? 2026 Guide

Sometimes a workplace problem isn't just a single argument.

Systematic exclusion, constant belittling, baseless accusations, being ignored...

Under Turkish law, this pattern is referred to as “mobbing” (psychological harassment).

In this guide, we explain what mobbing is, how it's proven, and what rights a victimized employee has, question by question.

What Is Mobbing Under Turkish Law?

Mobbing is when an employee is subjected, systematically and continuously, by supervisors, coworkers, or subordinates, to exclusion, belittlement, damage to their reputation, or similar conduct that amounts to a serious attack on their personality rights.

What Is the Legal Basis for Mobbing Claims?

While Turkish law doesn't have a standalone statute specifically titled “mobbing,” Article 417 of the Turkish Code of Obligations requires employers to protect and respect the employee's personality and to prevent them from being subjected to psychological or sexual harassment in the workplace.

Constitutional provisions on protecting and developing a person's material and moral existence also form a basis for assessing such claims.

What Behaviors Fall Within the Scope of Mobbing?

Being systematically ignored, subjected to baseless and demeaning criticism, deliberately isolated from coworkers, assigned tasks far below one's capacity or that are meaningless, or having one's achievements consistently dismissed can all be considered mobbing.

Does Every Bad Behavior or Argument Count as Mobbing?

No.

For conduct to be considered mobbing, it must be continuous and systematic, spread over a certain period of time.

A single argument, an ordinary criticism, or a managerial decision may not, on its own, be classified as mobbing.

How Do I Prove Mobbing?

Typical evidence supporting a mobbing claim includes email and message correspondence, witness statements (from coworkers), medical/psychological reports, inconsistencies in performance evaluation records, and any written complaints previously filed with the employer.

Who Bears the Burden of Proof in Mobbing Cases?

There's an important line of Court of Cassation case law on this point.

Under the settled case law of the Court of Cassation's General Assembly of Civil Chambers, an employee is not required to provide “absolute, 100% proof” in mobbing cases.

If the employee presents strong indications that mobbing occurred, the burden of proof shifts, and it becomes the employer's burden to prove that mobbing did not occur.

This principle was applied in the Court of Cassation's 9th Civil Chamber decision, Case No. 2024/6640, Decision No. 2024/8569.

Can I Terminate My Employment Contract Because of Mobbing?

Yes.

Since mobbing constitutes a serious attack on an employee's personality rights, Article 24/II of the Labor Law entitles the employee to terminate their employment contract with just cause and with immediate effect.

Am I Entitled to Severance Pay If I Terminate With Just Cause?

Yes — provided you've worked at least one year, an employee who terminates their contract with just cause due to mobbing is entitled to severance pay (kıdem tazminatı).

Am I Also Entitled to Notice Pay?

No.

Notice pay (ihbar tazminatı) arises in terminations made without observing the notice periods.

Since an employee terminating with just cause is not required to observe notice periods, they cannot claim notice pay in this scenario — what they can claim is severance pay, and moral damages if applicable.

Can I Claim Moral Damages?

Yes.

Since mobbing is an attack on personality rights, moral damages can be claimed separately from severance pay.

The amounts awarded in practice can vary significantly depending on the severity of the specific case.

Can I File a Reinstatement Lawsuit in a Mobbing Case?

A reinstatement lawsuit (işe iade) generally applies to invalid terminations made by the employer.

Where the employee themselves terminates the contract with just cause due to mobbing, the matter is instead assessed through severance and moral damages claims; which legal route to pursue in your specific case should be discussed with a lawyer.

Should I Report the Mobbing to My Employer or HR First?

Where possible, reporting the situation in writing (email, a formal petition) to your employer or HR department can help both in resolving the issue and in proving your case later.

It's important to keep a copy of any such notifications.

Can I File a Complaint With a Union or Relevant Authorities?

If you're a member of a union, you can seek their support; depending on the nature of the situation, applying to the relevant administrative authorities may also be an option.

What Not to Do

Letting time pass without documenting what happened

Since mobbing is a fact that must be proven over time, noting down correspondence and witnesses in a timely manner is critical.

Resigning abruptly and without a plan

Before exercising your right to terminate with just cause, assessing how to proceed with a lawyer can help protect your rights.

Relying only on verbal complaints

Written notifications play an important role later in proving both that the employer was informed and that the problem was ongoing.

Quick Checklist

1. Note down incidents in chronological order.

2. Keep related correspondence (emails, messages).

3. Identify coworkers who could serve as witnesses.

4. Seek medical attention and obtain a report if needed.

5. Consider notifying your employer/HR in writing.

6. Consult a lawyer before deciding to resign.

Frequently Asked Questions

Does my manager yelling at me once count as mobbing?

A single incident is generally not considered sufficient — remember that continuity and system are required for conduct to be recognized as mobbing.

How do I prove mobbing if I have no witnesses?

Correspondence, emails, performance records, and medical reports can also serve as significant evidence — witnesses are not the only type of evidence available.

Will I lose my severance pay if I resign due to mobbing?

If you properly terminate your contract citing mobbing as just cause, your right to severance pay continues, provided you meet the one-year seniority requirement.

How does the employer prove that mobbing didn't happen?

Once the employee presents strong indications, the employer may try to prove otherwise using witness statements, correspondence, and other evidence.

How long does a mobbing lawsuit take?

The duration varies depending on the court's caseload and the specifics of the file, but in practice, these cases can often take a long time.

Conclusion

Mobbing is a concept that often takes time to recognize and prove, but it grants serious legal rights to the affected employee.

Managing the process correctly directly affects both severance and moral damages claims, as well as the course of any future lawsuit.

If you believe you're experiencing mobbing at work, we recommend consulting a lawyer without delay to protect your rights.

Atalya Hukuk Bürosu provides legal counsel and litigation support in Antalya for mobbing, just-cause termination, severance, and moral damages claims within labor law.

This article is for general informational purposes only and does not constitute legal advice. Please consult a lawyer for an assessment specific to your situation.

Sources

• Turkish Code of Obligations No. 6098, Art. 417
• Labor Law No. 4857, Art. 24/II
• Court of Cassation, 9th Civil Chamber, Case No. 2024/6640, Decision No. 2024/8569