This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İş Yerinde Mobbing: Nasıl İspatlanır, Ne Yapılır?.
Workplace harassment is a pattern of behaviour directed at an employee, repeated systematically and aimed at driving them out. A single incident is not, as a rule, harassment; what is decisive is persistence and intent. Where it is established, the employee may terminate the contract for just cause, becomes entitled to severance pay, and may claim non-pecuniary damages.
One argument is not harassment. But a pattern of behaviour running for months and systematically aimed at wearing someone down rests on protected legal ground.
This article explains the legal basis, which behaviours fall within it, and — most importantly — how it is documented.
What Is Workplace Harassment?
It consists of systematic, persistent psychological harassment directed at an employee with the aim of intimidating them. Turkish law does not define it in a separate statute; its basis lies in the employer's duty of care towards the employee and in the general provisions protecting personality rights.
Article 417 of the Code of Obligations is explicit: in the employment relationship the employer must protect and respect the employee's personality, and must take the measures necessary to ensure that employees are not subjected to psychological or sexual harassment at work.
Three elements are required: the behaviour must be systematic, show a degree of persistence, and have the aim or effect of intimidation or exclusion.
Which Behaviours Count?
Patterns treated as harassment in practice:
- duties and authority narrowed without reason; being left with nothing to do
- being given work far below one's qualifications, or work that is impossible
- systematic exclusion from meetings and channels of communication
- constant belittling criticism in front of others
- repeated and unfounded disciplinary proceedings
- systematic refusal of leave requests
- wearing a person down through constant changes of location or shift
- spreading rumours; targeting a person's reputation
By contrast, reasonable management practices — performance assessment, justified disciplinary action, an ordinary change of duties — are not by themselves harassment. The distinguishing test is persistence and deliberate intimidation.
How Is It Proved?
These cases turn on proof. In settled practice an employee alleging harassment need not prove it conclusively; it is enough to establish facts indicating that harassment occurred, after which the burden of proving the contrary passes to the employer.
Even so, concrete material is essential. What to gather:
- A chronological diary. Date, time, what happened, who was present. One of the most valuable pieces of evidence; writing it immediately after each event improves its reliability.
- Correspondence. E-mails, internal messaging records, written instructions.
- Administrative documents. Letters changing duties, requests for written explanations, disciplinary decisions.
- Medical records. Psychiatric consultations and reports; important in establishing the causal link.
- Witnesses. Colleagues still at the workplace or who have left.
- Your own written complaints. Complaints made in writing to the employer or to human resources, and the replies.
That last item matters a great deal: notifying the employer in writing both activates their duty of care and creates strong evidence for any later case.
| Evidence | Weight |
|---|---|
| E-mails and message records | High: the date and content are fixed |
| Letters repeatedly changing the job description | High |
| Unfounded requests for explanations and disciplinary letters | High: they show the pattern |
| Witness evidence from current colleagues | Medium: needs support, given the risk of pressure |
| Records of psychiatric treatment | Medium to high: shows the harm and the causal link |
| Workplace camera footage | Depends; it must be requested |
| A single argument or reprimand | Low: it does not show persistence |
Where the employee puts forward strong indications, the burden of proving the contrary may pass to the employer. Building the record steadily is therefore decisive.
What Legal Routes Are Available?
1. A written complaint to the employer. Ask for measures to be taken, and keep a record.
2. An administrative complaint. A report may be made to the Ministry of Labour's communication centre, and a complaint to the provincial directorate of labour and employment.
3. Termination for just cause. Harassment may give the employee the right to terminate the contract immediately under Article 24/II of the Labour Act, and such a termination gives rise to severance pay. But the right must be exercised within six working days of learning of the events (Article 26); where the behaviour is continuing, when that period starts is contested, so do not delay.
4. A damages claim. Non-pecuniary damages may be claimed for the infringement of personality rights, and pecuniary damages for any concrete loss. For employment claims, mediation is a condition of the action.
5. Criminal proceedings. Where the behaviour amounts to insult, threats or sexual harassment, a criminal complaint may also be made.
Can Compensation for Discrimination Be Claimed?
Where the harassment rests on sex, religion, language, race, political opinion, trade union activity or a similar ground, a breach of the principle of equal treatment also arises.
Article 5 of the Labour Act then entitles the employee to compensation for discrimination of up to four months' wages, according to the gravity of the breach. It is claimed alongside the other heads.
Where the discrimination is on trade union grounds, trade union compensation arises under Law no. 6356, and the amount is higher.
The strongest foundation for a harassment claim is a document showing that you notified the employer in writing. It activates the employer's duty of care and becomes decisive evidence in any case. Start a chronological diary today.