What Is Mobbing?
In general, mobbing, which refers to psychological harassment expressed verbally or behaviorally in the work environment, can manifest itself in forms such as ridicule, humiliation in the community or working beyond reasonable limits. Mobbing, which is directed towards others from people who have power or authority, especially in hierarchical structures, and which can cause anxiety and panic disorders in people when exposed for a long time, is an external factor that must be eliminated for the mental health of the person.
Those who are subjected to mobbing in the workplace must first define and finalize that they have been subjected to mobbing before filing a mobbing lawsuit, otherwise the desired result may not be achieved in terms of the results of the mobbing lawsuit and the employee may suffer more damage. The person who wants to file a mobbing lawsuit must first determine whether he/she has been exposed to the basic elements that constitute mobbing. These elements are
If the professional competence of the employee is questioned at work,
If it is stated and felt that the employee is not trusted,
If a task is deliberately and intentionally assigned that is impossible to complete and asked to be completed,
If there is information in the workplace that the employee should know under normal circumstances, but which is concealed from the employee,
The employee is ignored, ostracized by other employees and generally isolated from the work environment,
If the employee’s powers are restricted and the job description is changed in a negative way, it is possible to say that the employee is generally subjected to mobbing.
All of these psychological pressures are carried out to make the employee feel helpless, insecure and useless and to make him/her resign spontaneously in order to avoid compensation procedures.
MOBBING CASE
If the mobbing lawsuit is to be filed for non-pecuniary damages, it should be stated that the person who is subjected to mobbing at the workplace can use this situation in the termination process for just cause before filing the lawsuit. Since the employer has the obligation to protect the mental and bodily inviolability of the employee, persons who are victims of mobbing at the workplace should report this situation to the employer and require the employer to take the necessary measures. Otherwise, the employment contract may be terminated for just cause for the employee who wants to file a mobbing lawsuit, and severance pay may also be received after the termination of the employment contract for just cause. In summary, a mobbing lawsuit is a litigation process that may result in severance pay.
The person who wants to file a mobbing lawsuit can file a lawsuit to the court where the employer, who allegedly practiced mobbing, resides or to the labor court to which the relevant workplace is affiliated. However, the mobbing lawsuit can be filed either in the workplace or directly against the person who has been subjected to mobbing.
Before the mobbing case is heard by the competent court, an explanatory petition should be prepared and submitted to the court. This petition should be reproduced one more than the number of defendants and submitted to the relevant court. The mobbing case should include all evidence and evidence in terms of evidence in this petition. In other words, the process of showing evidence in the mobbing case is carried out at the time the petition is submitted. The proof in a mobbing case will be very difficult without evidence and evidence. For this reason, it is of great importance that the evidence lists are submitted with the petition. On the other hand, a mobbing case cannot be filed without witnesses for the person who has no evidence or proof. In other words, the person who does not have concrete evidence or proof must show witnesses.
A mobbing lawsuit can also be filed while continuing to work. The period for filing a mobbing lawsuit is valid while working as well as after the employee leaves the workplace. The statute of limitations for mobbing lawsuits is legally determined as 2 years.
The employment contract of an employee who files a mobbing lawsuit with a mobbing claim will be directly terminated. In this case, what he/she can claim will be compensation, not reinstatement. The penalties of the mobbing lawsuit are evaluated according to the material and moral compensation obligations in the lawsuits filed against the wrongful act. The legal rights of the person with a complaint of mobbing are listed below:
Termination of employment contract for just cause
The right to claim discrimination compensation in certain circumstances
The right to claim compensation under the Code of Obligations and the Civil Code
The right to sue the manager who committed mobbing and to claim non-pecuniary damages
The right to apply for bad faith compensation in certain circumstances
On the other hand, the losing party in a mobbing case has the right to file a petition of appeal to the Supreme Court within 8 days of the conclusion of the case.