Mobbing, Trade Union Rights and Special Employment Relationships

Mobbing, Discrimination and Protection of Personality Rights in the Workplace

Not every disagreement, criticism or management decision in the workplace constitutes mobbing. In an allegation of psychological harassment, the continuity and systematic nature of the conduct, its purpose, its effect on the employee’s personality and working conditions, and the employer’s duty of prevention are assessed together. Allegations of discrimination and harassment may be subject to different rules of proof and routes of application depending on the nature of the event.

In this context:

Allegations of systematic psychological harassment and intimidation
Sexual harassment and violence in the workplace
Discrimination on grounds of sex, pregnancy, childbirth, disability, age, belief or similar grounds
Different treatment because of trade union membership or trade union activity
The duty of equal treatment and equal pay
Prevention and cessation of infringements of personality rights
Claims for material and moral compensation
Assessment of termination for just cause and working conditions
The employer’s internal complaint and investigation mechanism
Preventing retaliation and protecting the person who complains
Emails, messages, performance records, medical documents and witness accounts
ALO 170, CİMER, the Human Rights and Equality Institution of Türkiye and other routes of application
Acts with a criminal law or personal data dimension

are addressed. For employers, it is important that a complaint be examined impartially, the persons concerned be heard, personal data be protected and proportionate measures be taken; for employees, it is important that the events be substantiated in terms of date, person and content.

Trade Union Rights and Collective Labor Law

Trade union membership, authority to conclude a collective labor agreement, trade union activity, and strike and lockout processes are subject to time limits and procedures different from those of individual employment disputes. The effects of the collective employment relationship are assessed separately for the employee, the employer, the trade union and the employers’ association.

In this context:

Trade union membership and withdrawal from membership
Discrimination and termination on trade union grounds
Trade union compensation claims
Protection of the workplace trade union representative
Protection of trade union officers
Determination of the line of business
Determination of authority to conclude a collective labor agreement and objections
Collective bargaining and the texts of collective labor agreements
Application and interpretation of the collective labor agreement
Solidarity dues and benefiting from the agreement
Strike and lockout decisions and disputes over their implementation
The Supreme Arbitration Board and related applications
Receivables arising from the trade union and the collective labor agreement

are addressed. Because the statutory time limits in these matters are often short, the application date, service and announcement processes should be examined without delay.

Related detailed page: Trade Union Law and Collective Labor Agreements

Foreign Employees and International Employment Relationships

A foreign employee working in Türkiye or an employee in Türkiye being assigned abroad may raise, in addition to the employment contract, issues of the work permit, social security, tax, the applicable law and the jurisdiction of the courts.

Our work in this area:

Employment contract for a foreign employee
Employer procedures related to the work permit and work permit exemptions
Notifications of starting and ending work
Social security of the foreign employee
Social security agreements to which Türkiye is a party
Temporary or permanent assignment abroad
Expatriate and senior executive contracts
Setting the wage in a foreign currency
Applicable law and international jurisdiction
Employment contract in a foreign language and translation
Effect of a period of work in a foreign country on receivables
Consequences in Türkiye of foreign court or arbitral decisions

headings are covered. A work permit, a residence permit and citizenship are not the same transaction; the aspect of the matter that concerns foreigners’ law is handled together with the relevant independent practice area.

Distinguishing the Legal Status of Public Employees and Workers

Not everyone who works in the public sector is subject to employment law. Public-sector workers employed under an employment contract and civil servants, contracted personnel or other public officials may differ in their duties, route of application and branch of the judiciary.

Individual and collective employment disputes of public-sector workers are addressed within the scope of this page.
Disputes of civil servants and other public officials over appointment, discipline, personnel file, suspension and monetary rights belong to the practice area “Civil Servants and Public Officials Law.”
If the status is disputed, the actual manner of work, the act of appointment, the contract and the relevant special legislation are examined together.

This distinction is important to prevent an application being made to the wrong branch of the judiciary or within the wrong time limit.

Related detailed page: Public Personnel and Civil Servant Law

Correctly Determine the Legal Nature of the Problem at Work

Not every argument or managerial decision is mobbing. The continuity, target, context and evidence of the conduct are examined. Discrimination or sexual harassment, on the other hand, are subject to different conditions and may require assessment even on the basis of a single event. Complaint notifications, the measures the employer has taken and allegations of retaliation are addressed separately.

Trade union safeguards

Trade union membership, representation, termination on trade union grounds and collective labor agreement disputes are not reduced to a single compensation calculation. Special safeguards, the relationship with job security and the conditions of the claim are examined together.

Foreign employees and assignments abroad

The work permit, the actual work, wages, social security, the applicable law and jurisdiction are separate issues. The lack of a permit does not mean that all employment claims are automatically absent. For work outside Türkiye, the mere existence of a contract in Turkish does not show that Turkish law will apply to all consequences.

Preparing for the Consultation

Prepare the employment period, contract, termination or application documents and the related records. Mention missing documents and any approaching deadline at the first consultation.