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Emotional Abuse in the Workplace According to
Turkish Labor Law (Mobbing)
*
Emotional abuse (hereinafter referred to as “Mobbing”) is a new
concept for Turkish law which may be defined as putting pressure on the
employee by aiming systematically at the personal rights and “honor and
dignity” of the employee, which are protected within the framework of
personal rights. The following acts may be defined as mobbing: to interrupt,
to call out, to criticize unjustly, to assign menial work, to bother, to ignore,
to question, to humiliate, to make fun of, and to sideline the employee
constantly. Employees facing such treatment become mentally depressed
and lose their self-confidence. As a result, employees may resign from
their jobs, which would affect the costs to the employer. Therefore, if
employees and employers recognize the importance of mobbing and
decrease instances of it, the negative effects of mobbing on employees and
employers could be eliminated, thus increasing productivity.
Themost definite anddistinctiveprovisionof anemployment agreement
is the commitment to perform properly and under the employer’s authority.
This commitment and authority bring out a hierarchical structure. The
employer will look after the employee who is committed economically
and personally to this hierarchical structure in the frame of equality, good
faith, and equity principles arising from civil law and the employment
agreement.
According to the Turkish Code of Obligations article 332, the employer
must take precautions to prevent dangerous effects of the work and provide
a healthy and appropriate work environment in accordance with “equity
principles” by considering the private conditions of the employment
agreement and the nature of the work. According to Turkish Labor Code
article 77/1,
“Employers must take all precautions in order to provide
healthy and safety at work and maintain all tools and equipment fully.”
Therefore, the Code of Obligations and the Labor Code impose on
employers the duty to respect their employees and treat them fairly.
However, Labor Code article 77 expands the obligation that is limited
in the frame of the “equity” basis pursuant to the Code of Obligations article
332 and obliges the employer to take all precautions required by science
*
Article of January 2010