İŞ YERİNDE PSİKOLOJİK TACİZE MARUZ KALAN KAMU PERSONELİNİN İZLEYEBİLECEĞİ HUKUKİ BAŞVURU YOLLARI

Abstract

The concept of psychological harassment (mobbing), which was first used in business life in the 1980s in the world, poses an important problem for public employees as well as for private sector employees. In this study, the concept of psychological harassment and the legal application methods that can be followed against psychological harassment in terms of public personnel are examined.
 In the context of administrative law, a public personnel who is exposed to psychological harassment may first apply to administrative application remedies, or may file a lawsuit directly in the administrative jurisdiction or, if the act he has been exposed to is a crime, he can also file a complaint with the Office of the Chief Public Prosecutor. In addition, in case of exhaustion of the judicial remedies and failure to obtain results, it also has the opportunity to seek rights through individual application to The Constitutional Court, which has taken its place in our legal system since 2012, as a domestic legal remedy.
 Administrative remedies that can be applied by public personnel before going to the judiciary are varied and numerous. However, the important thing is that these remedies are effective in order to stop the psychological harassment and not to repeat it again. In practice, the fact that the decisions of the administrative boards applied are not binding, often leads individuals to judicial proceedings. In this context, the jurisprudence of the administrative jurisdictions is increasing day by day. In our opinion, it would be beneficial to make a separate legal regulation on mobbing in terms of both increasing social awareness and ensuring unity in judicial decisions.