What legal bases support termination for cause due to mobbing?
Article 24 of Labor Law No. 4857
Article 24 of Labor Law No. 4857 grants the employee the right to terminate the contract with immediate effect in the case of certain health reasons, breaches of morality and good faith, and force majeure. The employer’s insulting words and conduct, verbal or physical attacks (sataşma), intimidation, or failure to take the necessary measures against harassment in the workplace may, depending on the concrete facts, be assessed under Article 24/II. By contrast, the word “mobbing” is not regulated as an automatic, stand-alone ground for termination applicable to all events. Which sub-paragraph and which facts are invoked is what matters.
The duty to protect personality under Article 417 of the Turkish Code of Obligations (TBK)
Article 417 of Law No. 6098, Turkish Code of Obligations (TBK), regulates the employer’s obligations to respect the employee’s personality, to prevent psychological and sexual harassment, and to prevent a person subjected to harassment from suffering further harm. Tolerating a manager’s humiliation of an employee, failing to investigate colleagues’ systematic acts of exclusion, or punishing the person who complained is significant for a breach of this duty. TBK Article 417 does not by itself determine all employment consequences; it applies together with the provisions of the Labor Law.
The employee’s right to continue working and the option of termination
To raise a mobbing allegation, the employee does not necessarily have to end the employment contract. It is possible to ask the employer to take measures, to demand that the violation be stopped and, where the conditions are met, to claim compensation. In the decision of the Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), E. 2012/9-1925, K. 2013/1407, the employee’s options in the face of harassment, namely termination for cause or continuing to work while exercising other statutory rights, were also discussed. Text of the decision.
Resignation, termination for cause and termination by the employer are not the same act
Termination for cause by the employee
When the employee ends the employment relationship with immediate effect because of the employer’s serious unlawful conduct, the termination takes legal effect when the notice reaches the employer. It is important for evidentiary purposes that the notice be clear and concrete, setting out what the events were, on which dates they occurred and why the employee could not continue working. A notarial notice letter (ihtarname) may be used, but it is not in every case the only legally mandatory form. Proof that the employer received the notice is important.
Ordinary resignation
Unreasoned statements such as “I am leaving for personal reasons” or “I am resigning of my own free will” do not automatically make a later allegation of termination for cause impossible; however, concrete proof of the declaration of intent and of the pressure applied is required against these documents. The content of the standard resignation form given to the employee, the circumstances of signing, witnesses, correspondence and payment transactions are examined together. The employee should not sign a written document without reading it or under pressure.
Termination by the employer
If the employer ended the employment contract after a mobbing complaint, this is not the employee’s own termination but termination by the employer. Where the job security conditions are met, an action for reinstatement may come into question. For reinstatement there is a requirement to apply to a mediator within one month of service of the termination notice; if the mediation ends without agreement, a lawsuit may be filed within two weeks of the date of the final minutes. This period should not be confused with termination for cause made by the employee personally.
Which conduct may support termination for cause?
Humiliation, insults, threats and intimidation
Systematic belittling conduct directed at the employee’s dignity by the employer or the employer’s representative, continuous insults or threats may objectively make it difficult to continue the employment relationship. Not every harsh criticism is of this nature. The content of the conduct, the employee’s position, witness statements and the employer’s explanations must be assessed together.
Removal from duties, stripping of authority and arbitrary assignments
That the employer may make a change of duties on the basis of its managerial prerogative does not allow this authority to be abused. Removing the employee’s powers without reason, leaving the employee idle without work, subjecting the employee to frequent unexplained assignments, or deliberately damaging the employee’s professional reputation may constitute indications of mobbing. The regime of material changes in working conditions under Article 22 of the Labor Law is examined separately. The mere existence of a change of duties does not amount to termination for cause.
Psychological harassment by other employees
Mobbing is not committed only by the employer or senior management. Colleagues at the same level, subordinates or systematic exclusion within a team may also violate personality rights. It is also important that the employer learned of the complaints and nevertheless did not take sufficient measures. The employer’s awareness should be supported by records; for conduct that the employer did not know of and could not reasonably have known of, the discussion of fault and liability may differ.
What evidence should be prepared before termination for cause?
A dated chronology of events
First, the employee should put the events in writing with the day, time, place, person concerned, words or act, and witness details. It should be stated how continuing acts complement one another, when the employer was notified, and which measures were or were not taken. A short but concrete timeline of events is more useful than long, repetitive accusations.
Correspondence and application documents
WhatsApp messages, emails, work order records, performance evaluations, minutes, disciplinary decisions, changes of duties, health applications and witness statements should be preserved in a lawful manner. Personal data and company secrets should not be passed on to third parties in bulk. The date, sender and context of electronic documents should be preserved. Evidence should not be collected by accessing someone else’s account without permission.
The employer’s written response and protective measures
The response given to the complaint, or the lack of one, is valuable as to the employer’s knowledge and the adequacy of the measures it took. However, it cannot be presented as a statutory prerequisite for every allegation of termination for cause that the employee first make an internal complaint. Serious and urgent situations and continuing violations must be assessed concretely.
What elements should the termination notice letter contain?
The legal ground and the facts should be written together
At the beginning of the notice, the legal ground on which the employment contract is terminated is stated clearly. The acts of harassment are then narrated in chronological order; in particular, the dates, the persons, the approaches made to the employer and how the personality right was violated are explained. A statement merely reading “I am terminating because of mobbing” may remain weak in terms of concrete proof.
The claims and reservation of rights section
The termination notice may separately state severance pay, if its conditions are met, as well as unpaid wages, overtime, unused annual leave and other accrued entitlements. When the employee terminates for cause, the employee should not claim notice pay, because this entitlement does not arise in the employee’s favor in an immediate termination. If there is a violation of personality rights and damage, non-pecuniary and pecuniary damages may be reserved. A termination notice does not have the effect of an attachment, enforcement proceedings or a statement of claim; the rights are simply recorded in concrete terms.
Service and security of evidence
The date on which the notice reached the employer must be provable. A notarial notice letter, a secure electronic method or a written delivery record showing service may be used. It is important that the text is not altered afterwards and that the employee holds the sent copy and the receipt.
Severance pay, notice pay, annual leave and wage entitlements
Conditions for severance pay
The conditions in Article 14 of Labor Law No. 1475, the provision of that law that remains in force, are assessed. If there is at least one year of service with the same employer and the conditions for termination for cause are met, severance pay comes into question. The start of service, interrupted periods of work, transfer of the workplace, the scope of the wage and the ceiling amount must be checked separately. It cannot be assumed that an allegation of termination for cause will be accepted in every file.
Why can notice pay not be claimed?
Notice pay is an institution relating to the obligation of termination with notice. When the employee terminates with immediate effect for cause, the employee ends the employment relationship without giving the notice period; for this reason, no notice pay arises on account of the employee’s own termination for cause. However, where the employee leaves immediately without justification, the other side’s claim for notice pay may be discussed according to its concrete conditions.
Other employee entitlements
The end of the employment contract does not by itself extinguish previously accrued wages, overtime, weekly rest day pay, pay for national and public holidays, or pay for unused annual leave. These entitlements must be assessed separately on the basis of the work schedule, bank records, payroll, witnesses and the contract.
Court of Cassation practice: an important 2025 decision
In its decision of November 4, 2025, E. 2025/6819, K. 2025/8424, the 9th Civil Chamber of the Court of Cassation (Yargıtay 9. Hukuk Dairesi) assessed systematic pressure connected with health conditions and assignments from the standpoint of the employee’s termination for cause and severance pay. The decision also stated clearly that the employee could not receive notice pay for a contract that the employee terminated for cause personally. Since a change of duties is not regarded as mobbing in every event, the specific evidence of the event is particularly important. Text of the decision.
In its decision of May 28, 2025, E. 2025/2439, K. 2025/4918, the 9th Civil Chamber of the Court of Cassation held that the failure to prove psychological harassment did not always rule out the existence of other just grounds for termination by the employee. In other words, even if the conclusion of mobbing cannot be reached, whether the proven conduct constitutes a separate ground for termination for cause must be examined separately. Text of the decision.
Time limits and mediation
Six business days and the one-year preclusive period (hak düşürücü süre)
Article 26 of the Labor Law contains the criteria of six business days from the date of learning and, as a rule, one year from the act for exercising the right of termination for cause in the cases of breach of morality and good faith under Articles 24/II and 25/II. For continuing conduct, the starting point, the continuing violation and the date of learning must be examined according to the nature of the specific event. In no mobbing file should a generalization be made that the period automatically expires starting from the first event or that it is continuously renewed without limit.
Mediation as a condition precedent to litigation
Under Labor Courts Law No. 7036, mandatory pre-litigation mediation applies as a rule to claims for severance pay, employee entitlements and compensation arising from the employment relationship. The content of the application and of the final minutes affects the scope of the dispute. In mediation talks, the definitive effects of a release (ibra), a waiver and a settlement document must be examined carefully.
Statute of limitations and the distinction from reinstatement
Reinstatement is provided for an indefinite-term employment relationship within the scope of job security that is terminated by the employer. It is not the same as the employee’s own termination. The statute of limitations for severance pay and other employee entitlements, the preclusive period for exercising the right of termination for cause and the mediation period for reinstatement are separate concepts. A concrete calculation of the period must be made according to the type and date of the claim.
The employee’s roadmap
| Stage | Action | Critical risk |
|---|---|---|
| Event | Organizing dated, concrete facts and evidence | Abstract allegation, unlawful recording |
| Notification | Asking the employer for measures and recording the response | Date of learning without evidence |
| Legal assessment | Connecting the facts to Article 24 and TBK Article 417 | Wrong type of termination |
| Termination | A notice with concrete reasons that can be proved | Resignation without reasons |
| Entitlements | Separating severance pay, wages, leave and other claims | Misconception about notice pay |
| Dispute | Pursuing mediation and any necessary lawsuits within the time limits | Loss of time limits and claims |
Conclusion
The legal security of leaving a job because of mobbing depends not only on the seriousness of the pressure experienced but also on the facts with which, and the procedure by which, the employee declares the intention to terminate. If the distinction between termination for cause, ordinary resignation and termination by the employer is not set up correctly, unnecessary risks arise for severance pay, reinstatement and other claims. The events, the evidence, the termination notice and the time limits must be examined together; other concrete employer violations that support termination for cause independently of proven mobbing must also be assessed.
Frequently Asked Questions
Should an employee who is experiencing mobbing resign immediately?
Not in every case. The legal nature of the facts, the evidence, the continuing risk and the conditions for termination for cause should be assessed first. A resignation without reasons may lead to a loss of rights.
Can an employee who leaves because of mobbing receive severance pay?
Yes, if the conditions for termination for cause and the length of service are met. Merely asserting an allegation of psychological pressure is not sufficient.
Does an employee who leaves for cause receive notice pay?
No. The employee’s own immediate termination for cause does not, as a rule, give rise to a right to notice pay.
Is a notarial notice letter mandatory?
The law does not make a notary mandatory as the only method in every termination for cause. However, written termination, the legal ground and proof that the notice reached the employer are important.
Can an employee request reinstatement because of mobbing?
Reinstatement arises in principle under job security against termination by the employer. It should not be confused with the employee’s own termination.
Is it enough to write only “mobbing” as the reason for termination?
It may be insufficient from the standpoint of legal security. The dates, the conduct and the employer’s violations should be explained concretely.
If the employer does not respond to the complaint, is there automatically termination for cause?
No. A lack of response is an important fact, but the nature of the event and the employer’s obligations are assessed as a whole.
Can a signed resignation letter be taken back?
It may be argued that the intent was impaired by pressure or that the document does not reflect the true situation; however, concrete proof is required and the result is not automatic.
Is mediation required in a termination for cause?
Not for the termination itself, but as a rule before a lawsuit is filed for accrued employee entitlements and compensation.
If mobbing cannot be proved, does the employee lose all rights?
No. Other grounds for termination for cause and independent claims such as unpaid wages and unused leave are examined separately.
Sources and legal bases
- Labor Law No. 4857, in particular Articles 22, 24 and 26 — Grand National Assembly of Türkiye (TBMM).
- Law No. 6098, Turkish Code of Obligations, Article 417 — UYAP.
- Law No. 7036 on Labor Courts, Article 3 — UYAP.
- Ministry of Labor and Social Security, Labor Law FAQ.
- Court of Cassation 9th Civil Chamber (Yargıtay 9. Hukuk Dairesi), November 4, 2025, E. 2025/6819, K. 2025/8424.
- Court of Cassation 9th Civil Chamber, May 28, 2025, E. 2025/2439, K. 2025/4918.
- Court of Cassation Civil General Assembly (Yargıtay Hukuk Genel Kurulu), E. 2012/9-1925, K. 2013/1407.