ABSTRACT

At the present time, mobbing, more and more interest all over the world, and has been focused on the concept. Mobbing is serious problem in many workplace and this point has been proven by evidences and researches. In addition, mobbing has been the subject of business and compensation cases. Because, behaviors which is accepted as mobbing, both in terms of business and society and the economy and lead to major problems and damages. For this reason, mobbing that was not regulated in laws initially to take part in civil law and criminal law sanctions under the law have been taken. In spite of the fact that mobbing was not regulated as a crime in our country in the past, some of the laws began to take place outside of the Labour Code. In spite of the mobbing come into existence in workplaces was not regulated at the the Labour Code which is a significant deficiency. However, it is undeniable the fact that some behaviors in the process of mobbing is a crime in terms of Criminal Code. On the other hand, the criminal behaviors of perpetrator are not mobbing actions on the whole. In this article, mobbing that often take place in the workplace with from time to time, the insults, threats, intentional injury, maltreatment, blackmail, a violation of the freedom of work, prevention of the use of trade union rights, sexual assault, sexual harassment and like malpractice crimes was discussed. Even if some actions of in the process of mobbing bring about, this issue is not enough. Mobbing must be arranged as a separate type of crime to fight against mobbing