Workplace Sexual Harassment Claims and Employer Liability in Turkey

Sexual harassment in the workplace is a serious violation that damages an employee's dignity, sense of safety, and working relationship. Turkish law addresses such conduct on both a criminal and a labour-law level, and it places on the employer not only the obligation to refrain from harassing an employee, but also a duty to prevent harassment in the workplace and to act when it is reported. This guide explains, in a measured tone, the legal basis of such claims, the scope of employer liability, and the paths an affected employee — particularly a foreign employee — can follow safely.

The Legal Framework: The Criminal Dimension

Sexual harassment is defined as a distinct offence in Article 105 of the Turkish Penal Code (TCK, Law No. 5237). Under this article, a person who sexually harasses another shall, upon the victim's complaint, be sentenced to imprisonment of three months to two years or to a judicial fine. The offence does not require physical contact; it covers sexually charged conduct such as words, insinuations, and persistent messages that do not involve bodily contact. Acts involving bodily contact are assessed under the more serious offence of sexual assault (TCK Art. 102).

The law provides an aggravating circumstance specific to the workplace context: where the offence is committed by exploiting the ease afforded by working at the same workplace (Art. 105/2-c), the penalty is increased by one half. Moreover, if the victim has been compelled to leave their job because of this act, the penalty cannot be less than one year. This provision reflects the legislator's particular concern for the relationships of power and proximity that exist in a workplace.

Labour Code Article 24: Just-Cause Termination and Severance

The labour-law dimension of sexual harassment operates independently of the criminal process. Article 24 of the Labour Code (Law No. 4857) grants the employee the right to terminate the employment contract immediately and with just cause in certain situations. Two sub-paragraphs concern sexual harassment directly:

• Article 24/II-b: Where the employer personally sexually harasses the employee, the employee may terminate the contract with just cause.
• Article 24/II-d: Where the employee is subjected to sexual harassment at the workplace by another employee or by a third party, and the necessary measures are not taken despite the employee reporting the situation to the employer, the employee may terminate the contract with just cause.

The critical point is this: although the employee appears to be leaving of their own accord, this is a just-cause termination, and the employee becomes entitled to severance pay (kıdem tazminatı). Unlike an ordinary resignation, the right to severance is not forfeited. That said, the right to terminate is time-bound: under Article 26 of the Code, it must be exercised within six business days of learning of the matter, and in any event within one year of the act.

The Employer's Duty to Investigate and Take Action

The employer's responsibility is not limited to its own conduct. Article 417 of the Turkish Code of Obligations (Law No. 6098) expressly obliges the employer to protect the employee's personality and maintain order consistent with the principles of good faith — and in particular to take the necessary measures so that employees are not subjected to sexual harassment and that those who have been do not suffer further harm. The same article makes the compensation of damages arising from a breach of these duties subject to the rules of contractual liability, a framework that tends to favour the employee on questions of proof.

In practice, this means the employer cannot remain passive once a report of harassment reaches it. What is expected is that the employer take the report seriously, conduct an impartial internal investigation, adopt protective measures for the affected person (such as separating the parties), and act on the outcome. A failure to take these steps both gives rise to the employee's just-cause termination right under Art. 24/II-d and exposes the employer to liability in damages.

Remedies Available to the Affected Employee

An employee subjected to sexual harassment has several independent avenues:

1. Criminal complaint: A complaint may be filed with the Chief Public Prosecutor's Office. The offence under TCK Art. 105 is subject to complaint, so the complaint period must be observed.
2. Action for pecuniary and non-pecuniary damages: Compensation may be sought from the perpetrator and — where it has breached its duty of protection — from the employer for the violation of personality rights.
3. Just-cause termination and severance: The contract may be terminated under Art. 24, with a claim for severance pay.
4. Reinstatement action: Where the employee has been forced to resign or has been dismissed because of the harassment, a reinstatement action may arise under the job-security provisions.

A Practical, Safe Guide for Foreign Employees

Foreign employees may be more inclined to stay silent because of a language barrier, incomplete knowledge of their rights, or concern about their work permit. A few practical points are therefore worth emphasising:

• Document each incident: Record every incident in writing, with the date, time, place, and any witnesses. Preserve messages, emails, and screenshots.
• Report in writing: Make any report to the employer or to human resources through a traceable channel such as email; this is valuable in later proving that a report was in fact made.
• Separate the work-permit concern: Reporting harassment or exercising the just-cause termination right does not, in itself, end a work permit; these are distinct legal processes.
• Seek safe support: You do not have to handle the process alone. Interpreter support and the early involvement of a lawyer are decisive for both collecting evidence correctly and not missing the deadlines.

Frequently Asked Questions

I reported the harassment to my employer but no measures were taken; if I resign, can I still receive severance pay? Yes. Labour Code Art. 24/II-d treats this as just cause, and the right to severance pay arises. However, it is important to prove the report and the employer's inaction, and to observe the six-business-day period.

Can sexual harassment be an offence without any physical contact? Yes. The offence under TCK Art. 105 does not require physical contact; words, persistent messages, or other sexually charged conduct are sufficient. Acts involving bodily contact fall under the more serious offence of sexual assault.

Can a criminal case and a compensation case be pursued at the same time? Yes. The criminal process and the civil (compensation) process are independent of each other and may proceed concurrently.

I am a foreign national; will my work permit be cancelled if I complain? No. Filing a harassment complaint does not directly result in deportation or cancellation of a permit. The status of the work permit is a separate matter, and if you have concerns you are advised to obtain legal support.

How Mona Hukuk Can Help

Workplace sexual harassment matters require both sensitivity and a careful legal strategy. At Mona Hukuk, we support affected employees with the correct collection of evidence, the protection of time-bound rights, and the criminal-complaint, compensation, and just-cause termination processes; and we support employers with conducting internal investigations, developing preventive policies, and defending litigation. At every stage, we approach foreign employees with linguistic and cultural sensitivity.

For consultation in Antalya, you can write to contact@monahukuk.com or call +90 (242) 606 14 32.