Businesses operating in Antalya may face mobbing claims from their employees. Mobbing refers to psychological harassment and pressure applied systematically and intentionally in the workplace and can have serious legal consequences. Therefore, it is extremely important for employers to develop an effective defense strategy against these claims. As Atty. Arb. Billur Güler Aslım Law Firm, we provide legal support to employers against mobbing claims in Antalya. In this article, we will discuss in detail how employers can develop defense strategies against mobbing claims.
Legal Definition and Proof of Mobbing
Mobbing is a systematic pattern of behavior that is repeated over a period of time, rather than a single incident. Although there is no specific legal definition for mobbing in Turkish Law, it is evaluated in light of the “sexual harassment in the workplace” and general provisions in Article 14 of the Labor Law No. 6331. Proving mobbing allegations is a difficult process. The employee must provide concrete evidence supporting their allegations. This evidence can be obtained from a variety of sources, including witness statements, emails, messages, work records, security camera footage, and medical reports.
Employer's Obligations
The employer is responsible for ensuring the safety of employees and a healthy working environment in the workplace. An employer who is faced with allegations of mobbing must assess the seriousness of the allegations and take the necessary measures. These measures include impartially investigating the allegations, taking statements from the relevant persons and collecting evidence. The employer has the authority to apply the necessary disciplinary punishments depending on the results of the investigation. However, it is extremely important to act in accordance with the rules of labor law and not to violate the rights of employees during this process.
Employer's Defense Strategies
To develop an effective defense strategy against mobbing claims, employers are advised to take the following steps:
1. Documentation of Events
As soon as allegations arise, it is vital to document all the incidents in detail. This can include work records, emails, messages, security camera footage and witness statements. This documentation will strengthen the employer’s defense and help refute the allegations.
2. Conducting an Impartial Investigation
The employer must investigate the allegations impartially and thoroughly. During this process, statements should be taken from all parties involved and evidence should be carefully evaluated. The investigation should be conducted fairly and transparently and may be supported by an impartial third party.
3. Compliance with Internal Rules and Policies
It should be examined whether there are internal rules and policies in place to prevent workplace bullying and manage claims. Assessing whether these rules are sufficient and how they work in practice is an important part of the defence strategy. If deficiencies are identified, these rules should be revised.
4. The Importance of Communication with Employees
Employers should establish open and transparent communication with employees. Listening to employees’ problems and making an effort to find solutions plays an important role in preventing mobbing claims.
5. Obtaining Legal Advice
Mobbing allegations involve complex legal processes. It is extremely important for employers to receive legal advice from an experienced employment law expert in order to develop defense strategies and reduce potential risks.
Conclusion
In Antalya, employers should take the steps outlined above to develop an effective defense strategy if they are faced with mobbing allegations. Documenting the incidents, conducting an impartial investigation, reviewing internal rules, communicating with employees, and obtaining legal advice are vital in creating a strong defense against allegations. As Atty. Arb. Billur Güler Aslım Law Firm, we continue to provide legal support to employers in Antalya against mobbing allegations. You can contact us to get the legal support your business needs.