Generally, an HR internal investigation is opened due to specific incidents, allegations or legal/operational concerns within a workplace or organisation, including the following:

• potential breach of the contract of employment (ie, workplace misconduct, complaints of workplace harassment, sexual harassment or abuse, whistle-blowing);
• workplace grievances;
• accident at work or occupational disease;
• conducting legal compliance review activities to harmonise with developments and changes in legislation;
• ensuring control of existing business processes and business continuity through routine internal auditing;
• analysis of the human resources policy, its suitability for purpose and its compliance with the employer’s objectives;
• examination of the personnel governance system and its efficiency, especially concerning the recruitment and adaptation of employees, determination of salary wages and analysis of wage raises, career planning, and measurement of employees’ competencies and performance;
• analysis of legality and accuracy regarding employment contracts, and auditing of personnel documents, employee files and digital records;
• analysis of off-duty work (weekends, holidays, night hours);
• ensuring control and sustainability of additional payment systems, such as pay and benefits; and
• analysis of issues such as completeness of personnel documents, and compliance with storage orders and duration, archiving and destruction.

There are many legal bases for conducting an HR investigation according to Turkish law, and these depend on the reason and scope of the investigation. The regulatory framework that governs carrying out an HR internal investigation includes:

• the Turkish Constitution;
• the Labour Code, numbered 4857;
• the Turkish Code of Obligations, numbered 6098 (TCO);
• the Code of Occupational Health and Safety, numbered 6331;
• the Maritime Labour Code, numbered 854;
• the Press Labour Code, numbered 5953 (Law on the Regulation of Relations Between Those Working in the Press Profession and Those Who Employ Them);
• the Code on Trade Unions and Collective Labour Agreements, numbered 6356;
• the Code of Social Insurance, numbered 506;
• the Private Pension Savings and Investment System Code, numbered 4632; and
• the Code on Protection of Personal Data, numbered 6698.

Each employer is able to conduct an HR internal investigation in order to perform the employment contract and comply with legal obligations, and for the vital, public, legitimate and relevant interests of the organisation.

Moreover, court decisions (including those of the Turkish Supreme Court) provide certain legal bases for each specific condition.

According to Turkish law, employers are not required to have certain types of channels that employees may use to report concerns. However, in terms of evidence, it is important that employees can express their concerns in writing. In this context, for the completeness of the means of proof in cases of a possible dispute, it is necessary to prepare and implement written procedures within the organisation and to provide administrative and legal infrastructures for this, especially if the employee’s application also includes a confidentiality/anonymity request for their statements. Thus, a reporting line can be established within the company and/or a special email notification procedure can be provided.

As previously explained, appropriate procedures and policies may be established for carrying out an HR internal investigation. In this context, the HR department is responsible for starting an HR investigation, in order to discover further details in cases of any notification of employee concern. At the beginning, a manager from the HR department can conduct this investigation. However, depending on the nature and scope of the claim and investigation, a board member, other department executives or an external counsel can become involved in this investigation (headed by the HR department).

In cases involving a justified reason for termination of the employment contract, due to situations that do not comply with the rules of morality and good faith (including workplace misconduct, complaints of workplace harassment, sexual harassment or abuse), the employer is able to terminate the employment contract within six working days.

As such, within six working days, an HR internal investigation must be carried out in cases of any potential justified reason for termination of the employment contract.

In cases of any employee claim or allegations, an HR internal investigation must be initiated in accordance with the employer’s obligation to treat all employees equally, as stipulated in Article 5 of the Labour Law. In this regard, there is no exception for not initiating an investigation.

In cases where an investigation is neither obliged nor prohibited, an employer may decide when to move ahead with an HR internal investigation (within a reasonable time), depending on the internal regulations, including employees’ written policies and procedures as well as the nature and all circumstances of the investigation.

As a rule, in accordance with the employer’s governance right and the principle of the protection of personal data, the reporter has no right to be informed as to whether an HR internal investigation will be opened. However, the reporter may be informed as to whether an HR internal investigation will be opened (within a reasonable time) if:

• the reporter is harmed by the situation that constitutes the subject of the investigation;
• the employer is required to fulfil its obligations arising from the principle of equal treatment of its employees; or
• the investigation is also related to an incident that requires criminal liability or concerns public order.

Within this framework, there are no requirements that information must be provided nor regarding the notice period given to the reporter. These issues must be evaluated separately in each concrete case.

As a rule, in accordance with the employer’s governance right and the principle of the protection of personal data, the respondent has no right to be informed as to whether an HR internal investigation will be opened. However, the respondent may be informed as to whether an HR internal investigation will be opened (within a reasonable time) if:

• the employer is required to fulfil its obligations arising from the principle of equal treatment of its employees; or
• the investigation is also related to an incident that requires criminal liability or concerns public order.

Within this framework, there are no requirements that information must be provided nor regarding the notice period given to the respondent. These issues must be evaluated separately in each concrete case.

In cases where a criminal accusation within the scope of the Turkish Penal Code is under HR internal investigation, the opening of an HR internal investigation must be communicated (providing all required information and documents) to the official authorities, such as:

• the office of the Chief Public Prosecutor of the Republic;
• the local gendarmerie regional command; or
• the local police department.

Specific criminal accusations include:

• robbery;
• a fire or explosion situation;
• rape, attempted rape and other forms of violence;
• fraud;
• embezzlement;
• corruption;
• accidental or non-accidental injury;
• exposure to chemicals; and
• data theft, data leakage or malware, etc.

Furthermore, in cases of a financial crime dispute within the scope of tax legislation, the opening of an HR internal investigation may be communicated to the Financial Crimes Investigation Board and/or the Republic of Türkiye’s Ministry of Treasury and Finance, providing all required information and documents.

Moreover, if an administrative violation within the scope of the Code on Personal Data Protection is under HR internal investigation, the opening of an HR internal investigation may be communicated to the Personal Data Protection Authority (the “Authority”), providing all required information and documents.

Under paragraph (1), Article 12 of the Code on Personal Data Protection, the data controller must:

• prevent unlawful processing of personal data;
• prevent unlawful access to personal data; and
• ensure the preservation of personal data. 

The data controller is obliged to take all necessary technical and administrative measures to ensure the appropriate level of security for this purpose; if the processed personal data is obtained by others through illegal means, the data controller should report this situation to the person concerned and to the Authority within 72 hours (at the latest) of learning of the situation. The Authority may, if necessary, announce this situation on its own website or through another method it deems appropriate.

The parties may be asked to sign confidentiality agreements and/or NDAs covering an HR internal investigation. More generally, general confidentiality agreements and/or NDAs covering an HR internal investigation are signed at the beginning of the employment relationship. Depending on the sensitivity of the investigation, a special confidentiality agreement may be signed at the beginning of the investigation, especially before conveying the matter to all relevant parties and taking their statements.

A penalty amount may be specified in the confidentiality agreements and/or NDAs for both parties. The parties may be liable to pay a penalty in cases of any violation of the confidentiality agreement or NDA. All employers must take note that the penalty sanction must be granted equally to all parties in accordance with Article 420 of the TCO; otherwise, the penal clause may be deemed invalid.

If a separate confidentiality agreement and/or NDA is not signed, as a rule there is still a general duty for the parties to keep an HR internal investigation confidential. In this regard, within the framework of labour legislation, a relationship of trust must be protected between the employee and the employer during a labour relationship. Otherwise, this relationship may be damaged; in this case, damage to the relationship of trust may give the employee or employer the right to terminate the employment contract for a valid or justified reason, and to be compensated for the material and moral damages owing to such disclosure.

It is possible to conduct a preliminary investigation to determine whether a full HR internal investigation is warranted. In this context, depending on the nature and scope of the incident, all digital recordings – including CCTV, electronic systems for recording entry and exit of the workplace, and emails – may be pre-examined, and the interviews regarding the allegations may be held within the organisation, respecting the confidentiality rule.

The witnesses are typically interviewed in the course of an HR internal investigation. A lot of one-on-one interviews are performed with such witnesses, and the information obtained as a result of these interviews is analysed.

If an interviewee refuses to participate or only participates in certain aspects of the investigation/interviews, the employer must, as a rule, comply with this decision of the interviewee, if:

• this witness’s statement is not important for the course of the investigation;
• this witness’s decision does not have any impact on the course of the investigation; and
• there will be no requirement for additional information due to the principle of respect for private life.

Otherwise, if this right is used arbitrarily, the employer may request a defence from the relevant person and give a warning to this person.

The interviews can be carried out remotely (eg, Teams, Zoom, etc).

There is no requirement regarding number and limitations of the interviewers (such as gender, objectivity, seniority, etc) according to Turkish law.

A neutral third party could be present during interviews as a witness, depending on the nature of the investigation.

The interviewees may not be accompanied by a support person; this is in order to prevent the witness from being influenced in any way and to ensure that the investigation is carried out independently and impartially.

There is no limitation regarding interviewees being accompanied by a lawyer; the interviewees have such right.

According to Turkish law, there is no certain information that the interviewers need to provide to interviewees at the start and/or end of the interview. Only the general outline of the investigation is conveyed, and whether the interviewer has knowledge about it is stated at the start. That the results of the meeting will be evaluated separately by the management may also be stated.

If an interviewee requests to stop the interview, this request is recorded in the minutes. If an interviewee does not sign the minutes, this fact is also recorded accordingly.

In order to ensure that the investigation is carried out independently and impartially, minutes may be taken. In this regard, summarised minutes are allowed, following certain rules (see 3.9 Stopping the Interview). The interviewees may be allowed to review only the minutes concerning their part, and as a rule interviewees may sign the minutes depending on the nature of the investigation. An external party (external to the company or to the department) is not required to take the minutes if the processes are objectively performed.

The interview can be recorded only via audio/videotape in accordance with the protection of personal data legislation. The obligation to disclose personal data to the participant must be fulfilled and, if necessary, explicit consent must be obtained. If the interview is recorded and a transcript is produced, the transcript should be shared with the interviewee upon request of the relevant person.

The process of gathering information in the workplace (fact-finding) involves collecting data and conducting research through methods such as interviews, record reviews, audio/videotape records and observations. Any records that violate the right to privacy, including the protection of personal data, cannot be used during the investigation phase.

The employer may take actions to protect the reporter (eg, physical safety, personality rights, etc). The employer may also take certain measures (eg, remote work, annual leave, suspension, etc), and the general requirements to protect the reporter are the legal bases for doing so. If the employer does not take measures to protect the reporter, the employer may incur legal and criminal liability regarding possible negative experiences of the reporter (eg, reporter’s injury, death, exposure to insult, etc).

The employer may take actions to protect the respondent (eg, reputation, personality rights, etc). An organisation may proceed with confidentiality notices to take such actions. The right of privacy arising from the Turkish Constitution and the Code on Personal Data Protection are the main legal bases for doing so.

If the employer does not take measures to protect the respondent, the employer may incur legal and criminal liability regarding possible negative experiences of the respondent (eg, respondent’s injury, death, exposure to insult, etc).

The employer can take disciplinary measures against the respondent prior to concluding an HR internal investigation. In this regard, in order to protect the interests of all parties, the employer may change the job position – the employer may make some changes to the employee’s job descriptions temporarily, and at the latest until the end of the investigation. If these measures are not taken, the employer may be subject to legal and criminal liability if the reporter(s) or respondent(s) suffer any damage.

The employer can take disciplinary measures to protect other employees (eg, physical safety, etc) prior to concluding an HR internal investigation. In this regard, in order to protect the interests of other employees, the employer may take certain measures (eg, remote work, suspension, etc), at the latest until the end of the investigation. If these measures are not taken, the employer may be subject to legal and criminal liability if the employees suffer any damage.

There are no procedural guarantees that must be put in place (eg, providing certain information, the right to remain silent, information regarding allegations, access to a lawyer, etc) or steps that must be followed according to Turkish law. However, one of the basic criteria is that all processes be carried out in objective evaluations, and that such evaluation should be objectively proven.

The employer can have internal regulations that go beyond the requirements previously mentioned (see 5.1 Requirements), such as the preparation of certain policies to proceed with the HR internal investigation. These policies are binding on the employer. If the internal regulations are not followed by the employer, the employer violates its obligation to treat its employees equally and may be liable for compensation to its employees.

According to Turkish law, as a rule the burden of proof belongs to the person making the claim. However, since the employer has an obligation to treat its employees equally, an investigation must be initiated and all necessary outputs must be collected, depending on the nature of the allegation.

Each claim must be proven beyond any reasonable doubt. However, since it is very difficult to find complete evidence for a potential harassment claim, progress can be made with reasonable suspicion, according to the characteristics of the claim and within the framework of equity.

According to Turkish law, there are no rules governing when an HR internal investigation may be ended. However, a policy for the conducting and conclusion of the internal investigation can be prepared by the employer. If so, the employer has to follow this policy to conduct and conclude the relevant HR internal investigation.

Once the decision to end an HR internal investigation has been made, a decision may also be made to terminate the employment contracts of the relevant parties or to warn the relevant personnel in writing. On the other hand, in cases where warning or termination procedures are not required, this situation is recorded in writing by the HR department and, if necessary, is notified to the relevant parties.

The entire process of the HR internal investigation must be recorded in writing. All decisions and possible sanctions taken as a result of the investigation must also be recorded in written form. It is recommended that these minutes be signed by at least three persons – depending on the entire management scheme of the organisation – including the responsible persons conducting the investigation, in order to obtain written proof.

There are no legal requirements about the information that must be included when written reports are used. However, in order to prove that the objective evaluations are provided, the following are suggested for inclusion in these written reports:

• the substantiated allegations;
• unproven allegations with their interviews and fact-findings;
• a managerial decision, including termination of the labour contract or preparation of the warning letter of the relevant personnel;
• suggestions and proposed next steps, such as applying to the administration;
• filing a criminal complaint; and
• establishing a performance management system before the organisation.

The parties, including the reporter(s) and the respondent(s), have a right to receive information regarding the outcome of an HR internal investigation in accordance with the employer’s obligation to treat equally and the principle of privacy. As a rule, these parties have no right to access directly written reports within the framework of the employer’s right to governance. In other words, the employer has a right to limit the access to these written reports arising from its rights to governance.

In this regard, the employer may provide limited information in writing to these parties. In the case of any conflict, and as a result of an administrative or court decision, these written reports may transfer to the official authorities, such as:

• the office of the Chief Public Prosecutor of the Republic;
• the local gendarmerie regional command;
• the local police department; or
• governmental organisations.

In the case of criminal liability within the scope of the Turkish Penal Code, the key facts and conclusions of an HR internal investigation must be communicated to the relevant authorities (see 6.5 Information), providing all required information and documents. See 2.3 Communication to Authorities for certain specific criminal facts.

Moreover, in the case of an administrative violation within the scope of the Code on Personal Data Protection, the key facts and conclusions of an HR internal investigation must be communicated to the Personal Data Protection Authority, providing all required information and documents.

Furthermore, in the case of a financial crime dispute within the scope of tax legislation, the key facts and conclusions of an HR internal investigation must be communicated to the Financial Crimes Investigation Board and/or the Republic of Türkiye’s Ministry of Treasury and Finance, providing all required information and documents.

Interviewees and team members that have interests arising from an HR internal investigation may have a right to receive information regarding the outcome of such investigation in accordance with the principle of privacy. In this regard, the employer may provide limited information in writing to these parties within the framework of the employer’s right to governance.

In general, if the allegations are substantiated, the employer may take certain disciplinary measures, as follows.

Official Warning

If terminating the employee’s employment contract would be a severe sanction, a written warning may be given to the employee to prevent the situation and events subject to investigation from occurring again. For this, it is necessary to obtain the written defence of the worker beforehand. The warning form must also be delivered to staff upon signature. It outlines performance or misconduct concerns, and an action plan of what the employee needs to do to improve.

Transfer or Change of Function

In light of Article 22 of the Labour Code, the employer can only make a fundamental change in the working conditions resulting from the employment contract, the personnel regulations and similar sources annexed to the employment contract, or the workplace’s practice, by notifying the employee in writing. Any changes that are not made in accordance with this form and that are not accepted in writing by the employee within six working days are not binding on the employee. If the employee does not accept the change proposal within this period, the employer may terminate the employment contract by explaining in writing that the change is based on a valid reason or that there is another valid reason for termination, and by complying with the notice period. If the employment contract is not terminated for a valid reason, the employee can file a re-employment lawsuit.

Dismissal Termination for a Valid Reason

The employer may terminate the employment contract with a valid reason, according to Article 18 of the Labour Code. If the employment contract is not terminated for a valid reason, the employee can file a re-employment lawsuit within one month as of the termination date.

Immediate Dismissal (Termination With Just Cause)

The employer may terminate the employment contract with just cause, according to Article 25 of the Labour Code. If the employment contract is not terminated with just cause, the employee can file a re-employment lawsuit within one month as of the termination date.

Invoking a Contractual Penalty Clause

In the case of violation of the obligation of confidentiality, violation of non-competition provisions, etc, the employer may also demand from the employee the penal clause amounts written in the contract resulting from these violations, after the termination of the employment relationship.

The employers may take other types of measures – whether or not the allegations are substantiated – following an HR internal investigation, as follows:

• opening a new department within the organisation;
• involving new team members in business processes;
• initiating voluntary mediation processes to reorganise business processes and eliminate non-conformities;
• making changes in organisational processes;
• making certain updates and changes in the way of doing business; and
• in the case of a problem arising from information technologies, the changes may be made in the information and communication technologies used, and new measures may be taken.

An employer is allowed to collect personal data for the purpose of an HR internal investigation within the organisation for its employees, according to the Code on Personal Data Protection.

Personal data cannot be processed without the explicit consent of the relevant person, according to Article 5 of the Code on Personal Data Protection. However, for one of the following conditions, it is possible to process personal data without the explicit consent of the relevant person:

• where it is clearly provided for in the law (employers may process the personal data of their personnel in accordance with labour legislation for the performance of business processes);
• where it is necessary to process personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract;
• where it is mandatory for the data controller to fulfil its legal obligations;
• where it has been made public by the person concerned;
• where data processing is mandatory for the establishment, exercise or protection of a right; and
• where it is necessary to process data for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the person concerned.

In addition to that explained in 7.1 Collecting Personal Data, it is necessary to mention special personal data, as special importance is given to this in Turkish law. This is personal data regarding an individual’s:

• race;
• ethnic origin;
• political opinion;
• philosophical belief;
• religion, sect or other beliefs;
• appearance and clothing;
• association, foundation or union membership;
• health;
• sexual life;
• criminal conviction;
• security measures; and
• biometric and genetic data of a special quality.

Special personal data may also be processed during the investigation process; however, the processing of special personal data is prohibited as a rule. Nonetheless, according to Article 6 of the Code on Personal Data Protection, processing of this data is appropriate if:

• the relevant person has explicitly consented;
• it is clearly foreseen in the law;
• it is necessary for the protection of the life or physical integrity of the person or someone else who is unable to express their consent due to actual impossibility, or whose consent is not given legal validity;
• it is in accordance with the personal data made public by the relevant person and with the will to make it public;
• it is mandatory for the establishment, use or protection of a right;
• it is necessary for the protection of public health, the execution of preventative medicine, medical diagnosis, treatment and care services, and the planning, management and financing of health services by persons or authorised institutions and organisations under the obligation of confidentiality;
• it is mandatory for fulfilling legal obligations in the fields of employment, occupational health and safety, social security, social services and social assistance;
• for foundations, associations and other non-profit organisations or formations established for political, philosophical, religious or trade union purposes, provided that they comply with the legislation they are subject to and their purposes, are limited to their fields of activity and do not disclose to third parties; and
• it is directed to current or former members and to members or people who are in regular contact with these organisations and entities.

In the processing of special categories of personal data, it is also essential to take adequate measures as determined by the board.

Personal data cannot be transferred without the explicit consent of the relevant person. However, if for one of the specified conditions clearly stated in Articles 5 and 6 of the Code on Personal Data Protection, and provided that adequate precautions are taken, the relevant data may be transferred without the express consent of the relevant person.

In this regard, based on the right of management and its being the data controller, the employer has the right to transfer the data to the parties by following the written rules and procedures, and by complying with personal data protection legislation.

The employee’s reporting of non-conformities in the workplace (whistle-blowing) is not a concept defined in detail in Turkish law. It should be clearly stated that there is no clear written regulation in Turkish jurisdiction that obliges employees to report abuse or unlawful behaviour and that at the same time ensures the protection of employees.

Since there are no special provisions in Turkish law protecting employees in terms of whistle-blowing, the issue is evaluated within the framework of international agreements, general provisions and judicial precedents. In Article 396 of the TCO, the general duty of care and loyalty stipulates that the employee is obliged to perform work with prudence and to take into account the justified interests of the employer. In this context, for ensuring the safety of the work environment between the employee and the employer, acting in good faith is very important and should be considered as one of the basic job descriptions of the employee.

On the other hand, within the scope of the crime of not reporting a crime, as regulated by Article 278 of the Turkish Penal Code, a person who does not report a crime to the competent authorities is punishable. As such, if an action leads to a crime, it is thus considered a legal obligation to report this action to the relevant authorities, according to Turkish Law.

The only specific regulation that can be considered relating to whistle-blowing in Turkish jurisdiction falls under occupational health and safety legislation. According to Article 8/2 of the Code of Occupational Health and Safety, numbered 6331, in cases where the necessary precautions are not taken into consideration by the employer following written notification by an occupational physician, occupational safety expert and/or joint health and safety unit management, this situation must be reported by such parties to:

• the authorised unit of the Ministry of Labour and Social Security;
• the authorised union representative; or
• the employee representative.

Owing to this notification, the employment contracts of these notifying parties cannot be terminated by the employer, and such parties cannot be subject to any loss of rights.

The European Court of Human Rights’ decision in Guja v Moldova is very important for whistle-blowing practice within Turkish jurisdiction. According to Article 90 of the Turkish Constitution, the decision is also an integral part of Turkish domestic law. As particularly emphasised in this decision, it is necessary to provide a legal balance between the employee’s duty of care and loyalty and corruption/unlawfulness. The criteria set forth in this decision are as follows.

• Have internal reporting options for external disclosure been exhausted?
• Does the leaked information contribute more to the public interest?
• Can it be carefully and “reasonably” verified that the leaked information is accurate and reliable for the leaker?
• Did the whistle-blower act in accordance with the rule of honesty in ensuring that the information they disclosed was truthful?

The foregoing criteria can be considered in the evaluation of concrete disputes in Turkish jurisdiction, and the relevant organisational structures for employers may be built within this framework.

As a result, although Turkish legislation has no specific concept of whistle-blowing, it is necessary and recommended to establish a specific, understandable and easily accessible whistle-blowing system for employees to report all non-conformities in the workplace, within the framework of the basic legislation and court decisions previously mentioned.

Sexual harassment and/or violence is a situation that harms a person’s dignity and causes psychological discomfort through verbal, written or physical behaviour. Sexual harassment and/or violence in the workplace not only has irreparable effects on the individual but also reveals individual and social problems in a comprehensive way, including concerning the person’s family, organisations and society; as a result, it affects all of society.

Additionally, in accordance with Article 417 of the TCO, in the case of sexual harassment and/or violence in the workplace, the employer is obliged to protect and respect the personality of the employee. As such, it is especially obliged to prevent employees from being subjected to psychological and sexual harassment and/or violence, and to take the necessary measures to prevent further harm to those who have been subjected to such harassment and/or violence.

Furthermore, according to Article 105 of the Turkish Penal Code, a person who harasses someone for sexual purposes is punishable by imprisonment from three months to two years or with a judicial fine, upon the complaint of the victim. If this situation occurs in the workplace, it constitutes a major crime and involves a higher penalty.

On the basis of labour law, sexual harassment and/or violence in the workplace can be divided into the following basic categories.

Sexual Harassment of Another Employee by an Employee

Pursuant to Article 24/2/d of the Labour Code, if an employee is sexually harassed at the workplace by another employee, the victim is able to report this situation to the employer and to request that the necessary measures be taken. However, if the employer does not take the necessary precautions despite this request, the aggrieved employee may terminate the employment contract for just cause. At the same time, in this case, pursuant to Article 25/2/d of the Labour Code, the employer may terminate the employment contract of an employee who commits sexual harassment, for just cause and without paying any compensation.

Sexual Harassment of an Employee by a Third Party

In accordance with Article 24/2/d of the Labour Code, if the employee is sexually harassed at the workplace by a third party, the aggrieved employee is able to report this situation to the employer and to request that the necessary measures be taken. However, if the employer does not take the necessary precautions despite this request, the aggrieved employee may terminate the employment contract for just cause.

Sexual Harassment of the Employer by the Employee

Pursuant to Article 25/2/b and 25/2/d of the Labour Code, if the employee sexually harasses the employer or their family member, the employer may terminate the employment contract of such employee for just cause, without paying any compensation.

Sexual Harassment of a Third Party by the Employee

Since this situation goes against the rules of morality and good faith, the employer may terminate the employment contract of such sexually harassing employee, for just cause and without paying any compensation.

Moreover, the employee or the employer who are the victim of sexual harassment and/or violence can also file a lawsuit against the other party for material and moral damages, in accordance with general principles, and can demand compensation for all their damages from the other party.

Consequently, all employers must take reasonable steps to prevent sexual harassment of their employees.

Any other specific protections for allegations concerning threats, intentional injuries and discrimination (eg, regarding language, race, gender, political thought, philosophical belief, religion and sect, etc) are stipulated in the Labour Code and Turkish Penal Code. In the case of any discrimination and/or harassment, the employee is able to terminate the labour contract for just cause and to request compensation for material and moral damages (see 8.2 Sexual Harassment and/or Violence for more detail).

Bullying and mobbing are two different though closely linked aggressive methods. Workplace bullying has just begun to be discussed in Turkish jurisdiction, and there is no clear regulation. Mobbing is not a clearly regulated concept in Turkish legislation, but has been shaped by court decisions and literature.

Bullying and/or mobbing involves a collective attack on the honour, personality, character, belief, values, abilities, experiences, knowledge, thoughts, ethnicity, lifestyle, culture and similar aspects of the targeted person. This attack is carried out through actions that can affect the person mentally, spiritually and physically, such as by spreading gossip and rumours, slandering, publicly humiliating, underestimating, slandering, denigrating and ignoring.

The person who is exposed to bullying or mobbing can terminate the employment contract for just cause and can claim non-pecuniary damages against the employer. In addition, the employee in question can apply to:

• the Ombudsman Institution;
• the Ministry of Labour and Social Security;
• the Provincial and District Human Rights Boards;
• the Presidential Communication Centre (CİMER);
• the Public Servants Ethics Board; and
• the Turkish Human Rights Institution.

The employer must follow the same procedures as explained in 2.3 Communication to Authorities, if the allegation is also criminal in nature.

Internal HR investigations should be conducted through effective corporate governance and compliance with legal and regulatory obligations. In this regard, an employer must follow procedures under Turkish law for its establishments in the Republic of Türkiye, even in multi-jurisdictional cases.

Foreign employers carrying out HR internal investigations in Turkish jurisdiction should follow the legal and administrative procedures with their local organisation, in light of Turkish law. Similarly, there is no legal limitation for employers in Turkish jurisdiction carrying out HR internal investigations abroad.

Co-ordination and communication within each jurisdiction should occur in accordance with the law in question, with reasonable and verifiable documentation and under the burden of proof system.