As if business life is not hard enough, employees are also exposed to psychological violence from their colleagues. This situation, called mobbing, is not a simple workplace problem, it is a crime punishable by law. Let’s evaluate the questions of what is mobbing and what are its types within the scope of law through examples.
As if it was not difficult enough to get up in the morning and drive for hours and go to work, we are also subjected to psychological violence by our colleagues or managers. Yes, we can say in general because these behaviors called mobbing Everyone is exposed at some point in their life. Even if we do not participate as victims, we can be the tyrant himself or sometimes just the spectator.
The subject may seem a little simple and you may react as “Oh dear, what will happen”, but when we examine the examples of mobbing, we see that this situation is so important that it affects the life of the person. For this reason, mobbing can be considered as a crime by law and the person who applies it can be punished. What is mobbing, what are its types Let’s take a closer look and see in all details what the law says about it through examples.
Let’s start with a basic definition; What is mobbing?
In its most basic definition, mobbing; by an employee’s co-workers at the same level as himself or by his superior boss. exposure to psychological violence. Legal regulations on mobbing, which can also be defined as psychological harassment, hostile attitude, harassment, are included in the Labor Law and the Code of Obligations.
It is possible to describe the mobbing sides as a triangle:
Three sides are mentioned to describe the mobbing situation that occurs; victim, bully, and spectator. Subjected to gross mobbing, The bully is the person who does the mobbing and the audience is the person who witnesses the mobbing but does not make a sound in general. It is important to know, as the narrative will proceed through these definitions.
What are the types of mobbing?
It is possible to evaluate the mobbing situation on three basic types; horizontal mobbing, vertical mobbing and reverse mobbing. Horizontal mobbing is the situation of mobbing applied to the employee by his colleagues who are at the same hierarchical level. It is a situation that employees at the same level apply for competitive purposes.
As the name suggests, vertical mobbing is the mobbing of the employee by his superiors. In such cases, working in general, hierarchically superior are exposed to mobbing due to the abuse of authority by a supervisor, manager, manager and similar title.
The situation called reverse mobbing is applied from the bottom up, that is, by the subordinate to the top. Generally this situation It takes place in the form of mobbing to the superior by uniting the subordinates. More than one tyrant does not follow his superior instructions, spreads false rumors, excludes him. The main purpose of reverse mobbing is to prove that the superior is not suitable for that task.
Let’s evaluate the situations through mobbing examples:
- Influencing self-disclosure and communication
- attacking social relationships
- attacking personal reputation
- Attacking one’s life and profession
- attacking one’s health
Influencing self-disclosure and communication:
- Calling often for no reason
- Constantly criticizing his work
- keep interrupting
- raise voice against your face
- Rebuke
- Putting the victim behind
- criticism of private life
- Threatening verbally or in writing
- To disturb with gestures, facial expressions, allusions and looks
Attacking social relationships:
- Pretending the victim is not there
- Interruption of communication with the victim
- Isolation of the victim in the work environment
Attacking personal reputation:
- talk bad behind your back
- exclusion because of religious belief
- ostracize because of one’s political opinion
- exclusion on grounds of ethnicity
- make waves
- making fun of their behavior
- Labeling the mentally ill
- using aliases
- sexual overtones
- Don’t trust any decision
- Making fun of your private life
Attacking one’s life and profession:
- Unjustified changes in job title
- Giving self-confidence tasks
- Giving tasks below their abilities
- Giving assignments outside of one’s own work
- take back the assigned task
- No new assignments
- Giving pointless tasks
- pressure to quit the job
Attacking one’s health:
- Any form of sexual harassment
- Giving physically demanding tasks
- Threat of physical violence
- physical violence
The place of mobbing in law:
Since mobbing is a situation of psychological violence in the workplace, The first place to look should be the Law of Obligations and the Labor Law. The law regulates in detail how the employer should treat the worker. Since these are not only economic but also moral regulations, Supreme Court decisions generally result in favor of the victim.
In Articles 125, 128 and 129 of the Constitution, public officials, namely officers are protected. Articles 10, 11, 17, 18 and 21 of the Civil Servants Law No. 657 clearly protect the civil servant against mobbing by the superior. In other words, even if it is not always a crime under the Turkish Penal Code, mobbing is against the law.
Bullying does not go unpunished, a crime can occur as a result of mobbing:
- If the psychology of the employee is affected as a result of mobbing, the crime of committing suicide may occur according to article 84 of the Turkish Penal Code.
- According to TPC articles 86 and 87, the crime of intentional injury may occur if it comes to the point that it will disrupt the psychological and physical integrity.
- If the employee comes to the point of suffering, according to article 96 of the TCK, the crime of torture may occur.
- If mobbing is done with sexual behaviors, sexual assault crime may occur according to TPC article 102.
- If sexual mobbing progresses, sexual harassment may occur according to TPC article 105.
- The most common mobbing crime is insulting according to article 125 of the Turkish Penal Code.
- According to TCK article 108, the crime of using force may occur.
- As a result of mobbing, according to article 123 of the Turkish Penal Code, the crime of disturbing the peace and tranquility of individuals may occur.
What should a mobbing victim do?
Legal regulations take the side of the employee, not the employer, about mobbing. Therefore, the person subjected to mobbing, after showing signs of mobbing Evidence that the crime did not occur must be submitted by the employer. The fact that the mobbed person presents realistic claims will shift the burden of proof to the employer. The decision of the Supreme Court on the subject is as follows;
“There is no need for severe violation of personal rights for the existence of mobbing, the injustice towards personal rights is sufficient, and there will be no unequivocal evidence in mobbing allegations; It is sufficient for the plaintiff worker to put forward the facts that will raise suspicion that mobbing was applied to him in the workplace, and if the facts showing the existence of mobbing in the workplace are presented to the court, the burden of proving that mobbing did not occur in the workplace falls on the defendant; When the witness statements, health reports, expert report, camera records and all other evidences are evaluated, making a written decision without considering that the mobbing claim is proven with sufficient evidence is wrong and necessitated breaking it.”
Expressing the employee’s exposure to bullying in the workplace what is mobbing, what are its types We explained the questions with examples from the eyes of the law. What we describe is for informational purposes only. Do not forget that you should get the most accurate and specific information about mobbing from a lawyer who is an expert in labor law, as in all legal matters.