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What is Mobbing in Labor Law?

09.11.2022
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What is Mobbing in Labor Law?

Mobbing; In the literature, psychological violence, pressure, intimidation, discomfort, harassment carry the meanings. Mobbing (psychological harassment) can be defined as the long-term and systematic application of psychological pressure on people or groups who are not in the same direction as the person or group who holds power at work, especially in hierarchical structures where control is weak, psychologically. The most basic purpose of mobbing is to intimidate the person to quit the job as a result of the pressure.

In order for a behavior to be evaluated as mobbing (psychological harassment), it must have some characteristics. First of all, the behavior should serve the purpose of removing the victim from work and pacifying. The behavior needs to be done systematically to remove the victim from work. In addition, it must manifest itself in the form of malicious and hostile attitudes, inequality of power and repeated constant pressure. Mobbing can be directed from the top to the subordinate, as well as from the subordinate to the superior, that is, from the employee to the employer.

Mobbing at work, that is, the following behaviors can be shown as examples of behaviors that will be evaluated as psychological violence:

-Loading a person with more workload than his job requires, collapsing on the tasks that he cannot handle,

-Gossiping about the person,

-Mocking a person with an apology, his external appearance, religious belief, private life,

-Exclusion of a person due to his political opinion,

-Threatening violence to the person,

-Loud scolding of the person in public and preventing other people from communicating with the person,

-Keeping the person’s commuting and arrival times under constant observation and constantly emphasizing this in the slightest case,

-Exclusion of a person from meals, forcing him to work in a room separated from others,

-Giving a nickname to a person,

-Trying to break the person’s motivation,

-Sexual harassment of a person,

-Constant change of a person’s job, damage to his home or place of work.

The above mentioned are only examples and it is possible to reproduce them. Mobbing, that is, psychological harassment, should be evaluated according to each concrete incident and according to the conditions of the workplace. However, the most important thing to note about mobbing is that experiencing the above-mentioned or similar behaviors once will not be enough for mobbing. The behavior that may constitute mobbing should be done systematically in order to ensure that the person quits the job.

The effects of mobbing on a person are quite numerous and exhausting. Vocational damaging to a person in the person’s loss of the sense of self a sense of trust, fear, anger, living in the east of emotions such as anxiety, depression, panic attacks, heart attacks and even cause health problems to the effects of mobbing are examples.

It is possible that some work can be done at workplaces to prevent mobbing (psychological harassment). Some of these studies are timely identification of problems in the workplace, appreciation of the achievements of employees, fair and impartial investigation and decision-making of the complaint and organization of the work environment in accordance with the needs of people.

In cases where mobbing, that is, psychological, is encountered, first of all, the problem should be tried to be solved by communicating. The person who practices mobbing should indicate that he should end this situation, that this is a form of harassment, and even be told that he should stop this type of behavior, if possible, accompanied by a witness. This situation is also extremely important in terms of proving mobbing, that is, psychological violence in the message.

The situation should be reported to the authorities of the institution being studied.

In addition, psychological help can be obtained to help the person in the situation being experienced. This can also be evidence to managers at work.

Mobbing, that is, the use of psychological violence in the workplace, gives every employer and employee the right to immediately terminate the employment contract for a just reason. If the employee is exposed to psychological violence at work, it is necessary to send a notice to the employer that he has been subjected to mobbing and that the employment contract has been terminated immediately for a justified reason. If mobbing is proven, there is also the right to compensation against employees working at the workplace and the employer. In addition, people also have the right to seek discrimination compensation under certain conditions.

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