As Unal & Partners Law Firm, in this article, we delve into the concept of moral damages in the context of labor law, aiming to provide a detailed understanding of what it entails, under what circumstances it can be claimed, and how the legal processes unfold. We believe that being informed about these aspects is crucial for both employers and employees to protect their rights and ensure justice.
Moral damages represent a form of compensation for harm caused to an individual's mental well-being due to unjust actions. These damages often result from negative behaviors in the workplace, such as harassment, mobbing, sexual harassment, discrimination, infringement on personal rights, defamation, damage to honor and dignity, violation of human dignity, and psychological pressure, leading to pain and suffering for the affected individual. Such actions can disrupt an employee's psychological well-being and reduce their job performance.
In such cases, a claim for moral damages can be made to compensate the emotional harm caused by unjust actions. When calculating moral damages, the discomfort, shame, sorrow, humiliation, and other emotional injuries experienced by the employee are taken into account.
The court determines the amount of compensation in good faith and fairness, considering the extent and nature of the suffering, the type, duration, and intensity of the harm, reputation loss, potential future earnings missed due to the incident, and other relevant factors. To be eligible for moral damages, it is emphasized that the harmful actions causing damage to the mental well-being of the victim must be committed by the employer or other employees, and a causal relationship between these actions is required.
In other words, the harm that leads to the claim for moral damages should result from the employer's culpable conduct. However, the amount of moral damages is determined by the court, taking into account the nature and characteristics of the damage resulting from the wrongful conduct, as well as factors such as the type, duration, and intensity of suffering experienced by the employee, loss of reputation, and potential future job opportunities missed.
To protect employees from attacks on their personal values within the employment relationship and to compensate for the material and moral damages caused by the attack, the provisions of the Civil Code and the Code of Obligations should generally be considered.
Factors That Can Lead to an Employee's Moral Damages Claim:
Moral damages resulting from psychological violence and pressure, such as mobbing, discrimination, and harassment, suffered by the employee due to the employer's breach of contract:
Situations where moral damages are awarded due to mobbing are described by the 4th Court of Cassation in Decision No. E. 2019/1136 K. 2019/4695 T. 17.10.2019: "In mobbing, there is a collective attack on the person's dignity, personality, character, beliefs, values, abilities, experiences, thoughts, ethnic origin, lifestyle, culture, etc. This attack is carried out by actions such as spreading rumors and gossip, making false accusations, humiliating, belittling, defaming, and ignoring a person in society, which can affect the person mentally, spiritually, physically, and bodily. Acts that are not continuous, frequently repeated at certain intervals, occasionally occurring a few unjust, rude, impolite, or unethical actions cannot be considered as mobbing."
Regarding the burden of proof for the existence of mobbing, while it is sufficient for the employee to put forward facts that will raise doubts about the existence of mobbing, the burden of proof that it did not occur will be on the employer. In other words, "the existence of mobbing does not require a severe violation of personal rights; the injustice towards personal rights is sufficient. In addition, there is no need for conclusive evidence in mobbing allegations; it is enough for the employee to put forward facts that will raise doubts about the existence of mobbing. In allegations of mobbing, it is the employer who must prove that it did not exist." (Court of Cassation 22nd Civil Chamber, Decision No. 2013/693 K. 2013/30811 T. 27.12.2013)
Another Court of Cassation decision supports the notion that the employee's consistent and credible statements that the event took place are used as the basis for the existence of the event:
"In this case, it is clear from the file and the criminal file that the unjust act of the defendant against the plaintiff is established, and there is no evidence in the file that the defendant acted with heavy and unfounded accusations in order to harm the plaintiff, and there is no evidence in the file that the defendant acted with the intention of harming the plaintiff. was not shown. The defendant's unjust act and the violation of the plaintiff's personal values were violated, and the fact that the plaintiff suffered damage for this reason, and that it should be decided to grant moral compensation in favor of the plaintiff for this reason. Therefore, the decision to reject the entire request was not correct without a proper reason." (Court of Cassation 4th Civil Chamber, Decision No. 2014/3373 K. 2014/17361 T. 17.12.2014)
The employer is responsible for protecting the individuality of the employee in the employment relationship, showing respect, and creating an environment that complies with the principles of integrity, especially ensuring that employees are not subjected to psychological and sexual harassment, and taking the necessary precautions to prevent further harm to those who have suffered such harassment:
According to Article 24/11-d of Law No. 4857, if the employee is subjected to sexual harassment in the workplace by another employee or third parties and if this has been reported to the employer, the failure to take necessary measures for the protection of the employee will be considered a valid reason for termination. The legislator left it to the employer to take action and protect the employee after reporting the situation. The defendant employer did not make an effort in this direction; on the contrary, it terminated the employment contract of the plaintiff with severe and unfounded allegations.
It is clear that the plaintiff suffered severe moral harm due to the unjust act of the defendant, and taking into account the economic and social conditions of the parties, the amount of moral compensation of 5,000.00 TL awarded by the court is insufficient in the concrete case. Therefore, the decision should be annulled to award higher moral compensation that can cover the moral damages of the plaintiff. (Court of Cassation 9th Civil Chamber, Decision No. 2008/29930 K. 2010/10301 T. 13.4.2010)
The employer must take all necessary precautions to ensure workplace health and safety, provide all necessary tools and equipment, and employees must comply with all measures regarding occupational health and safety. The employer can only use the employee's personal data as far as necessary for the performance of the service contract with the employee's consent.
"The employee who suffered a harmful incident while working as a night watchman in the workplace on the day of the incident, resulting from a murder with an unknown perpetrator, died as a result of a work accident. The duty of the employer to ensure the health and occupational safety of the employees in the workplace and to provide the necessary measures and to provide the necessary measures and to have the equipment without any deficiencies is a clear provision of Article 77 of the Labor Law." (Court of Cassation 21st Civil Chamber, Decision No. 2007/17004 K. 2007/19663 T. 1.11.2007)
The employer is subject to the liability provisions according to the principles of breach of contract regarding the compensation of the damage arising from the violation of the employee's personality rights. Therefore, if conditions are met, the employee may demand material or moral compensation from the employer.
"As can be seen from the file, the claim of the defendant to the reputation of the defendant's executive with the assertion that there are images in the hands of the employer is of a nature that violates the personal rights of the plaintiff and the violation of the personal rights of the plaintiff. The defendant's defamation of the plaintiff with heavy and unfounded accusations has resulted in harm to the defendant, and it is necessary to grant moral compensation to the plaintiff in an amount that can cover the moral damages suffered by the plaintiff for this reason. It is a mistake to reject the request without a proper reason." (Court of Cassation 9th Civil Chamber, Decision No. 2014/2671 K. 2015/14580 T. 16.4.2015)
In conclusion, moral damages in the context of labor law serve as a crucial tool for protecting the personal rights of employees and ensuring the fulfillment of employers' responsibilities. This article has explored what moral damages are, the situations in which they can be claimed, and how they operate. While reminding employers of their obligation to provide an honest, safe, and healthy work environment and employees to take courageous steps in protecting their rights and seeking justice, it's essential to understand that moral damages serve as a means to compensate for emotional and psychological harm. Courts determine the compensation amount based on the extent of suffering, and throughout this process, they act fairly. For the preservation of justice and rights in the context of labor law, both employers and employees must fulfill their respective responsibilities.
Unal & Partners Law Firm is pleased to have addressed this significant topic in the field of labor law and encourages you to reach out for further information should you require it.
Unal & Partners Legal Team
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