As mentioned above, employers are required to take pro-active action to prevent sexual harassment in the workplace as part of their duty of care to their employees. The obligations under the Code of Obligations explained above may also be considered as prompting employers to take action. However, in practice, Turkish courts would review whether an employer has taken the necessary precautions against harassment once it has been reported by an employee (as opposed to whether the employer took precautions even before the harassment took place).
Law No. 27942 requires employers to maintain conditions of respect among their workers, to train them on the rules and policies against sexual harassment at work and to adopt measures to repair the damage suffered by the harassed and to avoid reprisals by the harasser.
Law No. 27942 and its Regulations, require all employers to establish an internal preventative procedure to be communicated to their workers, to internally investigate complaints that may be made by people who consider themselves victims of sexual harassment at work. If at the end of the investigation, the employer concludes that the worker has harassed another, the employer shall sanction that person according to the seriousness of the facts, with admonition, suspension or dismissal from employment.
If the employer does not initiate the investigation or does not adopt appropriate protection, prevention or punishment measures, or if the harasser is the employer or its representatives, the victim can sue the employer to stop the hostility, or consider himself/herself dismissed claiming the payment of compensation for dismissal, and also demand the damages and losses suffered as a result of the act of sexual harassment.
The victim may request precautionary measures of protection before the investigation is concluded, such as the rotation of the alleged harasser, the temporary suspension of work of the alleged harasser, rotation of the victim, at his/her request, ensuring that the harasser does not approach the victim or his family environment, psychological assistance or other protection measures that guarantee their physical, mental and / or moral integrity.