Workplace harassment in Turkey, commonly known as mobbing (is yerinde mobbing), has become one of the most significant issues in Turkish employment law. Workplace harassment refers to systematic, repeated, and prolonged hostile behavior directed at an employee that creates an intimidating, hostile, or degrading work environment. Turkish law addresses workplace harassment through a combination of labor law provisions, civil law obligations, and criminal law sanctions, reflecting the recognition that workplace harassment is not merely an interpersonal conflict but a serious violation of fundamental rights that can have devastating consequences for its victims. The Turkish Constitution, the Labor Law (Law No. 4857), the Turkish Code of Obligations (TBK, Law No. 6098), and the Turkish Penal Code (TCK, Law No. 5237) all provide mechanisms for addressing and remedying workplace harassment.
The legal recognition of workplace harassment in Turkey has evolved significantly over the past two decades, driven by landmark Court of Cassation decisions, legislative developments, and growing societal awareness of the problem. While the term "mobbing" does not appear explicitly in Turkish statutes, the courts have developed a robust body of case law that recognizes mobbing as a distinct legal concept and provides comprehensive remedies for victims. The employer's duty to protect employees from harassment is firmly established in both the Labor Law and the Code of Obligations, and employers who fail to take reasonable steps to prevent, investigate, and address workplace harassment face significant legal liability.
Workplace harassment can take many forms, ranging from overt acts such as verbal abuse, threats, and humiliation to more subtle behaviors such as social isolation, withholding of information, unreasonable changes to workload or duties, constant unjustified criticism, and deliberate undermining of the victim's professional standing. The harassment may come from supervisors (vertical mobbing), from colleagues at the same level (horizontal mobbing), or even from subordinates (upward mobbing). Regardless of its source or form, workplace harassment causes serious harm to the victim's physical and mental health, professional development, and quality of life, and Turkish law provides multiple avenues for seeking justice and compensation.
This comprehensive guide examines every aspect of workplace harassment law in Turkey as of 2026, including the legal definitions and frameworks, types of harassment, employer obligations, employee rights and remedies, evidence and proof requirements, and practical advice for both victims and employers. The full text of relevant legislation is available at mevzuat.gov.tr, and information about the court system can be found at adalet.gov.tr. For professional legal assistance with workplace harassment matters, Sadaret Law & Consultancy provides experienced employment law representation throughout Turkey.
Legal Framework for Workplace Harassment
The legal framework for addressing workplace harassment in Turkey draws from multiple sources of law, creating a comprehensive system of protections for employees. Article 417 of the Turkish Code of Obligations (TBK) establishes the employer's general duty to protect the personality rights (kisilik haklari) of employees, including their honor, dignity, and psychological wellbeing. This provision requires employers to take all necessary measures to prevent harassment in the workplace and to create a working environment that respects the fundamental rights and dignity of every employee. Article 417 serves as the primary civil law basis for workplace harassment claims and establishes the employer's liability for damages caused by their failure to prevent harassment.
The Labor Law (Law No. 4857) provides additional protections through several provisions. Article 5 establishes the principle of equal treatment and prohibits discrimination in employment. Article 22 prohibits the employer from making significant changes to the employee's working conditions without the employee's written consent, which is relevant in cases where harassment takes the form of unjustified changes to duties, work location, or conditions. Article 24 provides the employee with the right to terminate the employment contract with immediate effect and claim severance pay when the employer engages in conduct that violates the employee's honor, dignity, or morality, including harassment. Article 25 allows the employer to terminate a harassing employee's contract for just cause without notice or severance pay when the harassment constitutes a serious breach of workplace ethics.
The Turkish Penal Code (TCK) provides criminal sanctions for the most serious forms of workplace harassment. Article 96 criminalizes persistent maltreatment (eziyet) that causes physical or psychological suffering. Article 105 criminalizes sexual harassment (cinsel taciz), including unwanted sexual advances, requests for sexual favors, and other sexually oriented conduct in the workplace. Article 106 criminalizes threats, and Article 125 criminalizes insult (hakaret), both of which frequently occur in the context of workplace harassment. Criminal prosecution of workplace harassment is particularly important in cases involving sexual harassment, physical violence, or persistent patterns of abuse that rise to the level of maltreatment under the criminal law.
The Constitutional framework also supports workplace harassment protections. Article 17 of the Turkish Constitution guarantees the right to personal inviolability and the protection of material and moral integrity. Article 49 recognizes the right to work and establishes the state's duty to protect workers. Article 50 requires that working conditions be consistent with human dignity. These constitutional provisions serve as interpretive guides for the courts in applying the statutory frameworks and as a basis for individual applications to the Constitutional Court in cases where the ordinary courts have failed to provide adequate protection against workplace harassment. The European Convention on Human Rights, particularly Articles 3 (prohibition of degrading treatment) and 8 (right to respect for private life), provides additional international legal support for workplace harassment claims.
Types of Workplace Harassment
Workplace harassment in Turkey can take many different forms, and understanding the various types is essential for both identifying harassment and building a legal case. Psychological harassment (psikolojik taciz) is the most common form and refers to systematic behaviors that target an employee's mental wellbeing and professional standing. This includes constant unjustified criticism of the employee's work, deliberate exclusion from meetings, communications, or social events, spreading rumors or making false accusations, assigning meaningless or degrading tasks, setting impossible deadlines or performance targets, withholding information needed to perform job duties, and other persistent behaviors designed to undermine, intimidate, or humiliate the target employee.
Sexual harassment (cinsel taciz) in the workplace is specifically addressed by Turkish law and encompasses any unwanted sexual attention, advances, or conduct in the work environment. This includes physical contact of a sexual nature, sexual propositions or demands, sexually suggestive comments, jokes, or gestures, display of sexually explicit materials, creation of a sexually charged work environment, and conditioning of employment benefits on sexual favors (quid pro quo harassment). Article 105 of the TCK criminalizes sexual harassment and provides for imprisonment of three months to two years for the basic offense, with enhanced penalties when the harassment is committed by exploiting a workplace hierarchy or by using the influence of working in the same workplace. Employers have a specific duty to prevent sexual harassment and to take immediate corrective action when it occurs.
Discriminatory harassment targets employees based on protected characteristics such as gender, race, ethnicity, religion, political opinion, disability, age, or union membership. This form of harassment involves hostile treatment that is motivated by the employee's membership in a protected group and creates an environment that is particularly hostile or demeaning based on that group identity. Discriminatory harassment may overlap with other forms of harassment and can be addressed under both the anti-discrimination provisions of the Labor Law and the general harassment provisions. The intersection of discrimination and harassment often strengthens the employee's legal position, as it provides multiple grounds for legal action and may trigger additional protections and remedies.
Organizational harassment occurs when the employer uses institutional power and processes to systematically disadvantage or pressure an employee. This can include repeated unfavorable transfers or reassignments, unjustified disciplinary actions, manipulation of performance evaluations, denial of training or promotion opportunities, reduction in job responsibilities or authority without justification, and deliberate isolation from professional networks and decision-making processes. Organizational harassment is particularly difficult to identify because each individual action may appear legitimate in isolation, and it is only when viewed as a pattern that the harassing intent becomes apparent. Courts evaluate whether the cumulative effect of the employer's actions constitutes a pattern of harassment by examining the frequency, duration, and context of the alleged conduct.
Employer Obligations and Liability
Turkish law imposes comprehensive obligations on employers to prevent, investigate, and remedy workplace harassment. Under Article 417 of the TBK, the employer has a duty to protect the personality rights of employees and to take all measures that are reasonable and necessary to maintain a respectful and safe work environment. This duty encompasses both proactive prevention measures and reactive responses to reported or detected harassment. Employers who fail to fulfill these obligations can be held liable for the damages suffered by harassment victims, regardless of whether the employer directly participated in the harassment or merely failed to prevent or address it.
Proactive prevention measures that employers are expected to implement include establishing a clear anti-harassment policy that defines prohibited conduct and communicates the employer's commitment to a harassment-free workplace, creating accessible reporting mechanisms through which employees can report harassment confidentially and without fear of retaliation, providing regular training to all employees on harassment prevention and recognition, designating responsible personnel to receive and investigate harassment complaints, and fostering a workplace culture that values respect, dignity, and professionalism. While Turkish law does not prescribe specific anti-harassment measures in the same detail as some other jurisdictions, courts evaluate the adequacy of the employer's prevention efforts when determining liability.
When an employer receives a report of harassment or becomes aware of potential harassment through other means, the employer has a duty to investigate promptly and thoroughly. The investigation should be conducted by impartial personnel, should include interviews with the complainant, the alleged harasser, and relevant witnesses, should examine all available documentary and electronic evidence, and should reach a determination based on the preponderance of the evidence. The employer must protect the complainant from retaliation during and after the investigation, take interim measures to separate the parties if necessary, and communicate the outcome of the investigation to both parties. If the investigation confirms that harassment occurred, the employer must take appropriate corrective action, which may include disciplinary measures against the harasser, changes to organizational arrangements, and support for the victim.
Employer liability for workplace harassment can be both direct and vicarious. Direct liability arises when the employer (or a person exercising employer authority) is the harasser, or when the employer fails to take reasonable steps to prevent or address harassment despite being aware of the problem. Vicarious liability arises when the harassment is committed by an employee (particularly a manager or supervisor) in the course of their employment, and the employer is held responsible for the harasser's conduct. Under Article 417 of the TBK, the employer's liability includes both material damages (lost income, medical expenses, therapy costs) and moral damages (psychological suffering, damage to dignity, emotional distress). In severe cases, the employer may also face administrative penalties, reputational damage, and increased scrutiny from labor inspectors.
Employee Remedies and Compensation
Employees who experience workplace harassment in Turkey have multiple legal remedies available to them, spanning labor law, civil law, and criminal law. The choice of which remedies to pursue depends on the nature and severity of the harassment, the employee's goals, and the specific circumstances of the case. An experienced employment law attorney can help evaluate the available options and develop a strategy that maximizes the employee's recovery while minimizing the costs and risks of litigation.
Under labor law, the employee's primary remedy is the right to terminate the employment contract with immediate effect for just cause under Article 24(II) of the Labor Law. When the employer or another employee engages in conduct that violates the employee's honor, dignity, or morality, including workplace harassment, the employee can resign and claim severance pay (kidem tazminati) calculated at one month's gross salary per year of service. The employee may also claim notice period compensation (ihbar tazminati) and any outstanding wages, overtime, or leave entitlements. The right to terminate for just cause must be exercised within six working days of the most recent harassing incident, although in the case of ongoing harassment, this deadline is generally calculated from the last incident in the pattern.
Civil compensation claims provide additional financial recovery beyond the statutory labor law entitlements. Under Article 417 of the TBK, the employee can claim material damages for all quantifiable financial losses caused by the harassment, including lost income, medical and therapy expenses, relocation costs, and career-related losses. The employee can also claim moral damages for the psychological suffering, emotional distress, damage to dignity and reputation, and overall diminishment of quality of life caused by the harassment. Turkish courts have become increasingly willing to award substantial moral damages in workplace harassment cases, reflecting the growing recognition of the severity of the harm caused by systematic harassment.
Criminal remedies are available when the harassment constitutes a criminal offense, such as sexual harassment (TCK Article 105), maltreatment (TCK Article 96), threats (TCK Article 106), or insult (TCK Article 125). The victim can file a criminal complaint with the public prosecutor, who will investigate the allegations and, if sufficient evidence exists, file criminal charges against the harasser. A criminal conviction can result in imprisonment, judicial fines, and a criminal record for the harasser. The criminal proceedings are separate from the civil and labor law remedies, and pursuing criminal charges does not preclude the victim from also seeking civil compensation and labor law remedies. In practice, filing a criminal complaint can also strengthen the victim's position in civil proceedings by generating additional evidence and demonstrating the seriousness of the harassment.
Evidence and Burden of Proof
Proving workplace harassment can be challenging because much of the harassing conduct may occur in private settings, without witnesses, and may consist of subtle behaviors that are difficult to document. Turkish courts recognize these evidentiary difficulties and have developed approaches to the burden of proof that take into account the inherent power imbalance in employment relationships and the typical dynamics of harassment situations. Understanding what evidence is available and how to collect and preserve it is essential for building a successful harassment claim.
Written communications provide some of the strongest evidence of workplace harassment. Emails, text messages, internal memos, performance evaluations, and disciplinary notices can all serve as evidence of harassing conduct. Employees who suspect they are being harassed should save all written communications, including those on work systems, personal devices, and social media platforms. Screenshots and printed copies should be made of important communications, as employers may delete or modify electronic records. Changes in tone, frequency, or content of communications over time can help establish the systematic nature of the harassment and the deterioration of the working relationship.
Witness testimony is another important source of evidence, particularly for verbal harassment that may not leave a written trail. Colleagues who have observed the harassing conduct, HR personnel who received complaints, and other employees who have experienced similar treatment can all provide valuable testimony. However, witnesses in workplace harassment cases often face practical difficulties, as they may fear retaliation from the employer or the harasser and may be reluctant to become involved. Building relationships with potential witnesses and approaching them carefully is important for securing their cooperation. In some cases, the testimony of expert witnesses, such as psychologists or occupational health specialists, can help establish the impact of the harassment on the victim and the connection between the harassing conduct and the victim's psychological symptoms.
Medical and psychological evidence plays a crucial role in demonstrating the impact of workplace harassment. Employees who experience harassment should seek medical and psychological treatment and ensure that all consultations, diagnoses, and treatment plans are documented. Forensic psychiatric reports and psychological assessments can provide authoritative evidence of the causal connection between the workplace harassment and the victim's mental health symptoms, including depression, anxiety, post-traumatic stress, sleep disturbances, and other conditions commonly associated with prolonged harassment. Courts give significant weight to expert medical evidence, and it can be the decisive factor in establishing both the existence and the severity of the harassment.
Sexual Harassment in the Workplace
Sexual harassment in the Turkish workplace is treated with particular severity under both criminal and labor law. Article 105 of the Turkish Penal Code defines sexual harassment as pestering another person for sexual purposes and provides for imprisonment of three months to two years. When the harassment is committed by exploiting a hierarchical relationship in the workplace or by taking advantage of working in the same environment, the penalty is increased. The criminal provision applies to all forms of unwanted sexual attention, including physical contact, verbal propositions, suggestive comments, and the creation of a sexually hostile work environment.
Under labor law, sexual harassment constitutes a specific ground for the employee to terminate the employment contract with just cause under Article 24(II)(b) of the Labor Law. If the employer or another employee engages in sexual harassment against the employee at the workplace, the victim has the right to resign immediately and claim full severance pay and notice period compensation. If the harasser is a fellow employee rather than the employer, the employer's failure to take appropriate action after being informed of the harassment is treated as the employer's own breach of duty, giving the victim the right to terminate the contract against the employer.
Employers have enhanced obligations to prevent and address sexual harassment. The duty of care under Article 417 of the TBK requires employers to take specific measures to protect employees from sexual harassment, including implementing clear policies that define sexual harassment and prohibit it, establishing confidential reporting channels, ensuring that complaints are investigated promptly and impartially, taking effective corrective action against harassers, and providing support to victims. Employers who fail to take these measures can be held directly liable for the consequences of sexual harassment, even if they were not aware of the specific incidents.
Victims of sexual harassment should be aware that pursuing criminal charges and civil compensation are not mutually exclusive options. Filing a criminal complaint with the public prosecutor's office initiates a criminal investigation that may result in the prosecution and conviction of the harasser. Simultaneously, the victim can pursue civil compensation claims against both the harasser and the employer for the material and moral damages suffered. The criminal proceedings can generate evidence that supports the civil claim, and a criminal conviction can have a powerful impact on the assessment of damages in the civil proceedings. At Sadaret Law & Consultancy, our team provides sensitive and experienced representation for victims of sexual harassment, coordinating both the criminal and civil aspects of the case to achieve comprehensive justice.
Reporting Procedures and Internal Remedies
Employees who experience workplace harassment should generally begin by utilizing internal reporting procedures before turning to external legal remedies. Most employers in Turkey, particularly larger organizations, have established internal complaint mechanisms, HR departments, and ethics committees that are responsible for receiving and addressing employee complaints. Reporting through internal channels creates a documented record of the complaint, puts the employer on notice of the harassment, and triggers the employer's legal duty to investigate and take corrective action. Failure to use internal reporting mechanisms can sometimes weaken the employee's legal position, as the employer may argue that they were not given the opportunity to address the problem.
When making an internal complaint, the employee should document the harassing conduct in detail, including specific dates, times, locations, descriptions of the incidents, the identity of the harasser, and the names of any witnesses. The complaint should be submitted in writing, either through the employer's formal complaint system or in a letter or email to the HR department or a designated complaint recipient. The employee should retain a copy of the complaint and any responses received. If the employer fails to acknowledge the complaint, investigate the allegations, or take appropriate corrective action within a reasonable time, this failure constitutes evidence of the employer's breach of duty that strengthens the employee's external legal claims.
If internal reporting does not resolve the problem, or if the harassment is committed by the employer or a senior manager who controls the internal complaint process, the employee should pursue external remedies. The first external step is typically to apply to the Provincial Directorate of Labor and Employment (Calisma ve Is Kurumu Il Mudurlugu), which can conduct an inspection of the workplace and issue administrative sanctions against employers who fail to comply with their legal obligations. The employee can also file a complaint with the relevant bar association or the Turkish Human Rights and Equality Institution (Turkiye Insan Haklari ve Esitlik Kurumu, TIHEK) for discrimination-related harassment.
For serious cases, the employee should file a criminal complaint with the public prosecutor's office and/or initiate civil proceedings through the labor courts. Before filing a labor lawsuit, the employee must complete the mandatory mediation process for disputes involving claims for material and moral damages. The mediation process provides an opportunity to resolve the dispute without litigation, but if mediation fails, the employee can proceed with the lawsuit. An experienced attorney can advise on the optimal sequence and combination of internal and external reporting steps, ensuring that the employee's rights are protected at every stage and that the strongest possible legal case is built.
Resignation Due to Harassment and Severance
One of the most important rights available to harassment victims under Turkish labor law is the right to resign with just cause and retain entitlement to severance pay. Article 24(II) of the Labor Law provides that an employee may terminate the employment contract immediately, without notice, if the employer or another employee engages in conduct that constitutes harassment, breach of honor, or immoral behavior in the workplace. This provision recognizes that continuing to work in a hostile environment is not a reasonable expectation and that the employee should not be financially penalized for leaving a workplace where they are being victimized.
To exercise this right effectively, the employee must act within six working days of the last incident of harassment. In the case of ongoing, systematic harassment, courts generally calculate this period from the most recent incident rather than from the first incident, recognizing that harassment is a continuing wrong. However, employees should not delay unreasonably in asserting their rights, as prolonged tolerance of harassment without action can be interpreted as acquiescence. The resignation should be communicated in writing and should clearly state that the employee is terminating the contract for just cause due to workplace harassment, identifying the specific conduct that constitutes the basis for the resignation.
Upon resignation for just cause due to harassment, the employee is entitled to severance pay (kidem tazminati) calculated at one month's gross salary for each completed year of service. The employee is also entitled to any accrued but unused annual leave, outstanding wages, and other statutory entitlements. However, the employee is generally not entitled to notice period compensation (ihbar tazminati) when they are the party terminating the contract, unless the employment contract or a collective bargaining agreement provides otherwise. The employer must pay the severance and other entitlements within the applicable statutory period, and the employee can pursue enforcement proceedings if the employer fails to pay.
In addition to severance pay, the resigning employee can pursue separate civil claims for material and moral damages arising from the harassment. The material damage claim covers financial losses beyond the severance pay, such as income lost while seeking new employment, therapy and medical expenses, and other costs directly attributable to the harassment. The moral damage claim compensates for the psychological suffering, emotional distress, and diminishment of quality of life caused by the harassment. These civil claims are separate from the severance entitlement and can result in substantial additional compensation, particularly in cases involving prolonged or severe harassment that caused significant psychological harm. Contact Sadaret Law & Consultancy at +90 531 500 03 76 or via WhatsApp for experienced guidance on your options.
Prevention Strategies for Employers
Effective prevention of workplace harassment requires a comprehensive approach that combines clear policies, robust procedures, regular training, and a supportive organizational culture. Employers who invest in prevention not only reduce their legal exposure but also create healthier, more productive workplaces that attract and retain talented employees. The following strategies represent best practices for preventing workplace harassment in Turkey, based on legal requirements, judicial expectations, and practical experience.
Developing and implementing a comprehensive anti-harassment policy is the foundation of any prevention program. The policy should clearly define all forms of prohibited harassment, including psychological harassment, sexual harassment, and discriminatory harassment. It should specify the reporting channels available to employees, describe the investigation process, outline the potential consequences for harassers, and affirm the employer's commitment to protecting complainants from retaliation. The policy should be communicated to all employees, included in employee handbooks and orientation materials, and regularly reviewed and updated to reflect changes in the law and best practices.
Training is essential for translating the written policy into practical awareness and behavior change. All employees should receive regular training on recognizing, preventing, and reporting workplace harassment. Training for managers and supervisors should be more intensive and should include specific guidance on their responsibilities for maintaining a harassment-free environment, receiving and responding to complaints, and avoiding conduct that could be perceived as harassing. Training programs should be interactive, include real-world scenarios, and be delivered in a language and format that is accessible to all employees. The employer should document all training activities and maintain records of attendance.
Creating a culture of respect and accountability is perhaps the most important, though most challenging, aspect of harassment prevention. Employers should model respectful behavior at all levels of the organization, hold managers accountable for maintaining a harassment-free environment in their teams, celebrate diversity and inclusion, and create opportunities for employees to provide feedback on workplace culture and conditions. Regular employee surveys, anonymous reporting mechanisms, and open-door policies can help employers identify potential problems before they escalate into harassment. When incidents do occur, responding promptly, fairly, and transparently sends a powerful message that harassment is not tolerated and that the organization takes its prevention obligations seriously.
Notable Court Precedents
Turkish courts, particularly the Court of Cassation (Yargitay), have developed a significant body of case law on workplace harassment that provides important guidance for both employees and employers. These precedents have established key principles regarding the definition of mobbing, the evidentiary standards for proving harassment, the calculation of damages, and the respective obligations of employers and employees. Understanding these principles is essential for evaluating the strength of a potential harassment claim and for developing effective litigation strategies.
The Court of Cassation has established that workplace harassment requires systematic and repeated hostile behavior over a prolonged period. Isolated incidents of interpersonal conflict, single instances of rudeness or disrespect, and ordinary workplace disagreements generally do not constitute mobbing, even if they cause the employee distress. The court evaluates whether the alleged conduct, viewed as a whole, constitutes a pattern of systematic targeting that goes beyond normal workplace friction and is designed to intimidate, humiliate, or force the employee out of the workplace. The duration requirement is flexible and depends on the severity and frequency of the conduct, but courts generally expect the behavior to have persisted for a period of months rather than days or weeks.
Regarding the burden of proof, the Court of Cassation has recognized that strict proof of each individual harassing act may be difficult to obtain and has adopted a more flexible approach that considers the overall pattern of conduct and its cumulative impact. Courts may draw inferences from circumstantial evidence, consider the consistency of the employee's account over time, give weight to the correlation between the alleged harassment and changes in the employee's health, performance, and behavior, and consider the plausibility of the employer's explanations for the challenged conduct. This relaxed evidentiary approach reflects the recognition that harassment is often conducted in ways that are deliberately designed to avoid detection and documentation.
On the question of damages, the Court of Cassation has upheld increasingly substantial moral damage awards in workplace harassment cases, signaling a trend toward more robust compensation for harassment victims. The court has emphasized that moral damages must be adequate to provide meaningful compensation for the victim's suffering and to deter future harassment, and that purely symbolic or nominal awards fail to achieve these objectives. The court considers factors including the duration and severity of the harassment, the power differential between the harasser and the victim, the employer's response (or lack thereof) to reports of harassment, the impact on the victim's health and career, and the financial capacity of the employer when determining appropriate damage awards.
Foreign Employees and Workplace Harassment
Foreign employees working in Turkey are entitled to the same protections against workplace harassment as Turkish citizens. The Labor Law, the Code of Obligations, and the Penal Code all apply equally to foreign workers, and the employer's duty to prevent and address harassment extends to all employees regardless of nationality. However, foreign employees may face particular vulnerability to harassment due to language barriers, cultural differences, unfamiliarity with their legal rights, and dependent immigration status, and they may encounter unique obstacles in seeking legal redress.
Language barriers can both contribute to harassment and hinder the victim's ability to seek help. Foreign employees who do not speak Turkish fluently may be targeted for harassment based on their language difficulties, may miss subtle cues about inappropriate workplace dynamics, and may struggle to communicate effectively with HR departments, mediators, and legal professionals. Employers have a responsibility to ensure that their anti-harassment policies and reporting mechanisms are accessible to employees of all language backgrounds, and courts consider the language barrier as a factor when evaluating the adequacy of the employer's prevention efforts.
The immigration status of foreign employees can create a power imbalance that exacerbates vulnerability to harassment. Work permits in Turkey are typically tied to a specific employer, meaning that loss of employment can result in loss of legal residence status. Harassers may exploit this vulnerability by threatening to terminate the employment (and thereby the work permit) if the victim reports the harassment. Courts recognize this dynamic and consider it as an aggravating factor in assessing damages and evaluating the employer's conduct. Foreign employees should be aware that they have the same right to report harassment and to pursue legal remedies as Turkish employees, and that their immigration status should not be a barrier to seeking justice.
For foreign employees who experience workplace harassment in Turkey, working with a bilingual attorney who understands both the employment law and immigration law implications of the situation is essential. The attorney can help navigate the reporting process, protect the employee's immigration status, coordinate with relevant authorities, and pursue all available legal remedies. At Sadaret Law & Consultancy, our employment law team has extensive experience representing foreign employees in workplace harassment cases and can provide comprehensive support in multiple languages.
Frequently Asked Questions
What is considered workplace harassment (mobbing) in Turkey?
Workplace harassment or mobbing in Turkey refers to systematic, repeated hostile behavior directed at an employee over a prolonged period that creates an intimidating, hostile, or degrading work environment. This includes verbal abuse, social isolation, unreasonable workload changes, withholding information, constant unjustified criticism, threats, humiliation, and any persistent conduct targeting the employee's dignity and professional standing. Both horizontal mobbing (between colleagues) and vertical mobbing (from supervisors or management) are recognized. Isolated incidents or ordinary workplace conflicts generally do not constitute mobbing.
What compensation can I claim for workplace harassment?
Victims can claim material damages (lost wages, medical and therapy expenses, career-related losses) and moral damages (psychological suffering, emotional distress, damage to dignity). If harassment led to resignation with just cause, the employee may also claim severance pay and accrued entitlements. Courts determine compensation based on the severity and duration of the harassment, the employer's response, the impact on the victim's health and career, and other relevant factors. Recent court precedents show a trend toward increasingly substantial awards.
Can I resign due to harassment and still receive severance pay?
Yes. Under Article 24(II) of the Labor Law, an employee may terminate their employment with immediate effect if the employer or a colleague engages in conduct that violates the employee's honor and dignity, including workplace harassment. In such cases, the employee retains the right to full severance pay (kidem tazminati). The resignation must be exercised within six working days of the last incident and should be communicated in writing stating the harassment as the reason. The employee can additionally pursue separate compensation claims for material and moral damages.
What is the employer's obligation to prevent harassment?
Under Article 417 of the Code of Obligations and the Labor Law, employers must take all reasonable measures to prevent workplace harassment and maintain a safe, respectful work environment. This includes implementing anti-harassment policies, establishing confidential reporting mechanisms, providing training, promptly investigating complaints, taking corrective action against harassers, and protecting complainants from retaliation. Failure to fulfill these obligations can result in direct employer liability for damages, administrative penalties, and labor law consequences.
How do I prove workplace harassment in Turkey?
Evidence can include written communications (emails, messages, memos), witness statements, medical and psychological reports, records of complaints to HR, audio or video recordings (subject to legal restrictions), performance evaluations showing changes after harassment began, and any documentation of hostile conduct patterns. Turkish courts recognize the evidentiary difficulties inherent in harassment cases and apply a flexible standard that considers the overall pattern and cumulative impact rather than requiring strict proof of each individual incident. Expert testimony from psychologists and occupational health professionals can be particularly valuable.
Experiencing Workplace Harassment in Turkey?
Sadaret Law & Consultancy provides experienced legal representation for workplace harassment victims throughout Turkey. Our employment law team can help you document the harassment, navigate reporting procedures, and pursue all available legal remedies. Contact us at +90 531 500 03 76 or via WhatsApp.
Workplace harassment is a serious legal and human rights issue that Turkish law provides comprehensive tools to address. Visit our homepage or contact our office for expert legal guidance tailored to your situation.