Mobbing, which refers to psychological harassment that is expressed in the general sense by the word or behavior exposed in the business environment, can manifest itself in forms such as ridicule, humiliation in the community, or working well above reasonable limits. Mobbing, which can lead to anxiety and panic disorders in people who hold power, especially in hierarchical structures, or who turn from people with authority to others and who are exposed to it for a long time, is an external factor that must be eliminated for a person’s mental health.
It is necessary to identify and confirm that those who are exposed to the process of mobbing at work are first of all subjected to mobbing before filing a mobbing lawsuit, otherwise the desired result may not be achieved in terms of the results of the mobbing case, and the employee may suffer more damage. A person who wants to file a mobbing lawsuit must first determine whether he has been exposed to the basic elements that make up mobbing. These elements are:
If the professional competence of the employee at work is questioned,
If it is stated and felt that the employee is not trusted,
If you are given a job that cannot be completed consciously and deliberately, and you want it to be completed,
If there is information at work that the employee should know under normal circumstances, but is hidden from the employee,
If the employee is ignored, ostracized by other employees, and generally isolated from the work environment,
If the employee’s powers are restricted and there has been a negative change in the job description, it is possible to say that the employee is exposed to mobbing in general.
All these psychological pressures are made for the employee to feel helpless, insecure and useless, and they are maintained for him to resign spontaneously to avoid compensation award procedures.
THE MOBBING CASE
If a mobbing case is to be filed for non-pecuniary compensation, it should be stated before opening the case that the person who has been subjected to mobbing at work can use this situation in the termination process for the right reason. Due to the fact that the employer has an obligation to protect the soul and body immunity of the employee, people who are victims of mobbing at work should inform the employer of this situation and require the employer to take the necessary measures. Otherwise, for the employee who wants to file a mobbing lawsuit, the employment contract can be terminated for a justified reason, as well as severance pay can be obtained after the termination of the employment contract for a justified reason. In summary, a mobbing case is a litigation process that can lead to the result of severance pay.
A person who wants to file a mobbing lawsuit can file a lawsuit in the court where the employer’s residence is located where he claims to practice mobbing, or in the employment court where the relevant workplace is connected. However, a mobbing case can be opened not only for the workplace, but also directly for the person who is being mobbed.
An explanatory petition should be prepared and submitted to the court before the mobbing case is heard by the competent court. This petition must be reproduced and submitted to the relevant court in such a way that it is one more than the number of defendants. The mobbing case should contain all the evidence and evidence from the point of view of the evidence in the petition that will be given. In other words, the process of showing evidence in a mobbing case is carried out at the time of filing a petition. Without evidence and evidence in the mobbing case, it will become quite difficult. For this reason, it is of great importance that the lists of evidence are provided together with the petition. On the other hand, a mobbing case cannot be opened without a witness for a person who has no evidence or proof. In other words, a person who does not have concrete evidence or evidence must necessarily testify.
A mobbing case 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 a mobbing case is set by law at 2 years.
The employment contract of an employee who has filed a mobbing lawsuit with a mobbing claim will be terminated directly. In this case, the issue that he may claim will not be a refund to the business, but compensation. Penalties for mobbing cases are assessed in accordance with the material and non-pecuniary compensation obligations in cases filed against a tort. The following are the legally owned rights of a person with a mobbing complaint:
Termination of the employment contract for the rightful reason
The right to claim discrimination compensation in the event that certain conditions occur
The right to claim compensation in accordance with the Code of Obligations and the Civil Code
The right to sue the manager who is engaged in mobbing and ask for non-pecuniary damages
The right to apply for the provisions on compensation for bad faith in the event that certain conditions arise
On the other hand, as a result of the Mobbing case, the losing party also has the right to apply to the Supreme Court by preparing an appeal petition within 8 days of the conclusion of the case.
