Mobbing

29 May Mobbing

Mobbing, which generally refers to psychological harassment expressed by words or behavior exposed in the workplace, can be manifested in forms such as taunting, public humiliation, or working well above reasonable limits. Panic disorder is a condition in which a person’s mind is affected by a panic attack, a panic attack, or a panic attack.

Before making mobbing cases, the people who are exposed to mobbing process at work must first identify and make sure that they are subjected to mobbing, otherwise the desired result may not be achieved in terms of mobbing case results and the employee may suffer more damage. The person who wants to file a Mobbing lawsuit must first determine whether he or she has been exposed to the basic elements that make up mobbing. These elements:

If the professional competence of the employee at work is questioned,

If it is stated and felt that the employee is not trusted,

If a job that is not consciously and deliberately finished is given and asked to be completed,

If there is information at work that the employee should know under normal circumstances, but is hidden from the employee,

If the employee is ignored, ostracized by other employees and isolated from the work environment in general,

The employee’s powers are restricted and if there is a negative change in the job description, it is possible to say that the employee is exposed to mobbing in general.

All these psychological pressures are made for the employee to feel helpless, insecure and useless, and to resign himself to avoid compensation procedures.

MOBBING CASE
If the mobbing lawsuit is intended to be filed for moral compensation, it should be stated that the person who is subjected to mobbing at work can use this situation in the termination process for the right reason before filing the lawsuit. Because the employer has an obligation to protect the soul and body immunity of the worker, people who are victims of mobbing at work should notify the employer and make it necessary for the employer to take the necessary care. Otherwise, for the employee who wants to sue mobbing, the employment contract may be terminated for the right reason or severance pay may be received after the termination of the employment contract for the right reason. In summary, a mobbing case is a litigation process that can result in severance pay.

The person who wants to file a Mobbing lawsuit may sue the court where the employer’s residence is located or the Employment Court where the relevant workplace is affiliated. However, the mobbing case can be opened in the private of the workplace as well as in the private of the person who is directly mobbing.

A clarifying petition must be prepared and submitted to the court before the Mobbing case can be seen by the competent court. This petition must be replicated in a way that is one more than the number of defendants and must be submitted to the relevant court. The Mobbing case must contain all the evidence and the lunatics in this petition. In other words, the process of showing evidence in the mobbing case is carried out at the time of the petition. The Mobbing case will be difficult without evidence and evidence. For this reason, it is of great importance that the lists of evidence are given together with the petition. On the other hand, a mobbing trial cannot be opened without a witness for a person who has no evidence or evidence. In other words, the person who does not have concrete evidence or evidence must show a witness.

The mobbing case can also be opened while the work is ongoing. The period of filing a Mobbing lawsuit is valid while working, as well as after the worker leaves the workplace. The statute of limitations for Mobbing cases is set as 2 years by law.

The employment contract of an employee who sues mobbing for alleged Mobbing shall be terminated directly. In this case, the issue he may claim will be compensation, not return to work. The penalties for Mobbing cases are assessed according to the financial and moral compensation obligations in cases against tort. The following are the rights legally owned by the person with the Mobbing complaint:

Termination of employment contract for just cause

Right to claim compensation for discrimination in the event of certain conditions

Right to claim compensation under the code of obligations and the Civil Code

The right to sue the mobbing manager and seek moral compensation

Right to apply to the provisions of ill-will compensation in the event of certain conditions being established

On the other hand, as a result of Mobbing, the losing party has the right to file an appeal within 8 days of the conclusion of the case and apply to the Supreme Court.