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and technology. Therefore, if an occupational accident or an occupational
illness occurs and that accident could have been prevented by taking all
the necessary precautions at the latest level which science and technology
have reached, the employer will be responsible for not having taken all
necessary precautions
1
. Supreme Court decisions also emphasize that the
employer’s obligation to take necessary measures will be evaluated by
objective measures
2
.
According to the Code of the Approval of European Social Condition
Ratification numbered 5547 which entered into force on October 03,
2006, parties accept to take steps to heighten consciousness of workplace
sexual abuse and to prevent such acts in order to provide an effective
and honorable respect for the employment rights of the employees. This
is aimed at protecting employees from all attacks including mobbing
by protecting the personal rights in the workplace under the rubric of
“honorable employment rights”.
Besides the regulations mentioned above with respect to mobbing,
the personal rights of employees have begun to be protected by court
decisions. As a matter of fact, it has been accepted in the Ankara 8
th
Labor
Court’s decision dated 20/12/21006 with the principle number 2006/19
and decision number 2006/625 that the employer must respect the personal
right of the employee by stating,
“mobbing includes all acts such as every
kind of abuse, threat, violence, humiliation etc. which is carried out against
employees systematically by the managers, workers at the same level, or
subordinates at the workplace”
.
Mobbing also constitutes a tortuous act pursuant to article 96 of theCode
of Obligations and is a violation of obligations arising from employment
agreement. In other words, the employee may allege that such acts are
against the employment agreement and the obligations of the employer
within the frame of the referred articles while mobbing continues.
The employer must also prevent attacks by other employees damaging
the honor and respect of the employee in the workplace within the frame
1 Süzek, Work Safety Law, page 180; Ulusan, page 48; Economy, page 155; Çenberci, Labor
Code Explanation, 5th edition, Ankara, 1984, page 968 directly from TINAZ, Pınar/BAYRAM
Fuat/ ERGİN Hediye, directly from Working Psychology and Emotional Abuse In The Frame
of Law (Mobbing).
2 TINAZ, Pınar/BAYRAM Fuat/ ERGİN Hediye, Working Psychology and Emotional Abuse In
The Frame of Law (Mobbing), 1st edition, İstanbul, 2008, page 88.