324 / 522
An explicit provision regarding mobbing is adopted through the
TCO. Thus, “
the employer is liable to protect and respect the person-
al safety of the employee, and assure a workplace environment with
respect to the principles of fairness, especially to take necessary mea-
sures for the employees not to be sexually or emotionally assaulted,
and to prevent further damages to those who had been assaulted.” With
respect to the third paragraph of the same provision, “compensation of
the damages arising from death, violation of physical integrity or per-
sonal rights of the employees as a result of breach of contract, law or
aforementioned provisions is subject to the provisions regarding liabil-
ity arising from breach of contract.
”
Accordingly, the TCO adopted specific grounds in order to claim
mobbing and, therefore, the employer shall respect and protect the per-
sonal rights of its employees. Furthermore, an employee’s right to
claim compensation by reason of violation of liabilities arising from
the labor law in addition to the violation of personal rights, is explicit-
ly regulated.
Elements of Mobbing in Light of the Court of Cassation’s
Jurisprudence
The Court of Cassation rendered several decisions regarding mob-
bing subsequent to the entry into force of the TCO, and there are three
significant decisions in which the Court has stated certain principles
regarding mobbing.
General Principles
The first principle is the decision of the General Assembly of Civil
Chambers of the Court of Cassation dated 25.09.2013
3
. This decision
concerns a lawyer who had been working in the legal department of a
bank for 14 years; after her assignments to 30 different cities within
nine months, she claimed moral and material compensation by reason
of mobbing.
308
NEWSLETTER 2015
3
The decision of the General Assembly of Civil Chambers of Court of Cassation dated
25.09.2013, numbered E. 2012/9-1925, K. 2013/1407.