What Should a Public Employee Subjected to Mobbing Do? In light of examined court decisions, the administrative and judicial authorities that public employees subjected to mobbing (psychological harassment) can apply to vary according to the nature of the act, the status of the perpetrator, and the type of legal protection sought. The application methods are detailed below:

1. Administrative Application Methods for Mobbing

Public employees can apply to administrative authorities before resorting to legal action or in connection with the legal process:

Internal Applications: Employees can apply to their own institutions (e.g., Directorate, Rectorate, Ministry) with a petition, requesting the cessation of mobbing acts, improvement of working conditions, or action against those responsible. In the decisions of the 12th Chamber of the Council of State, it is seen that lawsuits were filed after the rejection of an application made to the institution for the improvement of working conditions.

Higher Administrative Authorities: If no results are obtained within the institutional hierarchy, a complaint can be filed with higher authorities such as the District Governorship (Kaymakamlık), District National Education Directorate, or the Council of Higher Education (YÖK).

ALO 170 and Communication Centers: Pursuant to Prime Ministry Circular No. 2011/2, referenced by the 5th Chamber of the Council of State, employees can receive help and support through psychologists via the “Ministry of Labor and Social Security Communication Center, ALO 170”.

Civil Society Organizations: In the decision of the Council of State Administrative Litigation Divisions Board, it was stated that a plaintiff applied to an association regarding a mobbing allegation, and this was accepted as the first step of the process.

2. Judicial Remedies for Mobbing

In judicial decisions, the distinction between “service fault” and “personal fault” is decisive in determining the competent court for lawsuits filed against mobbing.

A. Administrative Judiciary (Administrative Courts) Public employees (civil servants) must apply to the administrative judiciary in cases where mobbing arises from administrative acts and actions.

Scope of Application: In cases of mobbing applied through administrative actions such as unlawful disciplinary penalties, appointment/non-appointment, transfer, temporary assignment, or dismissal, a lawsuit is directly filed against the administration within the scope of “duty fault.”

Type of Lawsuit: Annulment lawsuit (for the annulment of the action) and Full Remedy Lawsuit (for material and moral compensation).

Obligation of Preliminary Application: In a decision by the 2nd Chamber of the Council of State, it was stated that in cases where mobbing arises from administrative actions, a direct full remedy lawsuit can be filed in accordance with Article 12 of Law No. 2577, and there is no obligation for a preliminary application (pre-decision) to the administration. However, another decision by the 8th Chamber of the Council of State also includes processes where an initial application was made to the administration for compensation, and a lawsuit was filed upon implicit refusal.

Court of Jurisdictional Disputes Opinion: It has been ruled that in cases where public officials resign or demand compensation due to allegations of mobbing, the proper venue for resolving the case is the Administrative Judiciary, not the Labor Court.

B. Judicial Judiciary (Civil Courts) The judicial process (civil courts) becomes relevant in cases where mobbing arises from a public official’s personal hostility, insult, and tortious acts, rather than from an administrative act.

Distinction of Personal Fault: According to the decisions of the 8th Chamber of the Council of State and the 4th Civil Chamber of the Court of Cassation; if actions such as humiliation, belittling, exclusion, or damage to a worker’s personality occur directly due to the personal conduct of a public official (personal ambition, anger), this is considered “personal fault.” In such cases, a lawsuit for non-pecuniary damages can be filed directly against the offending public official in the Judicial Judiciary (Civil Court of First Instance).

Labor Courts: Personnel who work in a public institution but hold “worker” status (e.g., a provincial special administration worker) can apply to Labor Courts for mobbing allegations.

C. Criminal Proceedings (Public Prosecutor’s Offices) If actions constituting mobbing also constitute a crime under the Turkish Penal Code (e.g., ill-treatment, abuse of office, insult, etc.), employees can file a criminal complaint with the Public Prosecutor’s Offices.

Effective Application Route Warning: In the decisions of the Constitutional Court, it has been emphasized that it may not be sufficient for mobbing victims to only resort to criminal proceedings. The Constitutional Court has stated that compensation lawsuits to be filed in civil or administrative courts are a more effective way to redress harm than criminal cases, and that the filing of such lawsuits is expected within the scope of “exhaustion of remedies”.

In summary; Public employees subjected to mobbing;

Firstly, they can apply to their institution or support lines such as ALO 170.

If mobbing is carried out through administrative actions (appointment, disciplinary action, etc.), to the Administrative Court (against the administration),

If mobbing consists of personal actions such as insult, profanity, or degradation by the superior, to the Judicial Courts (against the individual),

If the actions constitute a crime, they can apply to the Public Prosecutor’s Office. A writing suggestion.

Why is Expert Lawyer Support Necessary? (For Istanbul, Tuzla, Pendik, Kartal, Maltepe, Kadıköy, Ataşehir, Ümraniye, Gebze and surrounding areas)

Mobbing cases are multifaceted and technical processes for public employees, involving aspects of both administrative action, personal fault, and criminal law. Specifically;

Which judicial path to choose (Administrative Jurisdiction / Judicial Jurisdiction / Criminal),

Which evidence to collect for proving mobbing,

The correct formulation of legal arguments in petitions,

Not missing deadlines (deadlines for annulment lawsuits, compensation claims, timing of criminal complaints),

Strategic arrangement of internal and external applications,

are matters requiring professional legal support.

When the decisions of the Council of State, Court of Cassation, and Constitutional Court are examined, there are numerous examples where, if a mobbing claim is not handled on the correct legal grounds, employees suffer loss of rights and lawsuits are rejected due to statute of limitations or incorrect application.

Therefore, a public employee subjected to mobbing;

Identification of preliminary applications,

Determination of evidence strategy,

Compensation claim and calculation of moral damages,

Simultaneous management of criminal and administrative processes,

Legal qualification of acts and actions,

Monitoring of the investigation and defense process,

it is important to seek advice from an experienced lawyer in the field during stages such as these.