The Presidential Circular No. 2025/3 on the Prevention of Psychological Harassment (Mobbing) in Workplaces ("Circular") has been published and entered into force in the Official Gazette on 6 March 2025. With its publication, the previous Circular on the same subject, Circular No. 2011/2 ("Circular No. 2011/2"), has been abrogated.
Firstly, under the Circular, the concept of "mobbing" is defined as, "The deliberate and systematic humiliation, belittlement, exclusion, damage to dignity and reputation, mistreatment, intimidation, and similar forms of psychological harassment against employees in the workplace over a certain period." The Circular emphasizes that preventing mobbing is essential for enhancing employee motivation, ensuring efficient services, and promoting inclusive and sustainable employment. Accordingly, various measures have been introduced in the Circular, with the aim to prevent mobbing.
The measures against mobbing implemented by the Circular may be summarized as follows:
- The Psychological Harassment Prevention Board ("Board"), which was established under Circular No. 2011/2, has been restructured and expanded. The Board will conduct awareness-raising activities and implement policies for preventing mobbing in workplaces.
- The Circular explicitly states that preventing mobbing is primarily the responsibility of employers and managers. Therefore, employers and managers are required to enhance preventive and protective policies to mitigate risks associated with mobbing in workplaces.
- All employees, including employers and managers, must avoid any acts or behaviors that could be deemed mobbing and which could possibly cause violation of fundamental rights and freedoms.
- Awareness programs and training sessions on employee rights and complaint mechanisms related to mobbing in workplaces will be conducted by relevant institutions and organizations.
- Confidentiality and the protection of individuals' private lives will be ensured with due care in the investigation and inquiry of workplace mobbing allegations, and the process will be conducted promptly.
- Efforts will be exerted to incorporate preventive and protective provisions on mobbing in collective bargaining agreements and collective agreements.
- ALO 170 hotline will continue to offer information, assistance, and support to employees experiencing mobbing through its on-call psychologists.
The key differences between the Circular No. 2011/2 and the Circular recently entered into force may be summarized as follows:
- Managers, along with employers, are now explicitly held responsible for preventing workplace mobbing.
- The Board has been restructured and expanded.
- As opposed to the Circular No. 2011/2, in the new Circular, the duties of the Board are defined as follows: being responsible for contributing to the determination of policies for preventing mobbing in workplaces, coordinating training and awareness activities, and conducting public awareness initiatives.
In light of these explanations, we would like to state that mobbing has not been regulated explicitly in Turkish labor law but has instead been evaluated within the framework of the employer's duty to protect and safeguard employees and the protection of the employee's personality. Over time, judicial precedents have played a key role in shaping the concept of mobbing. Although a comprehensive and overarching regulation is still absent in regards of mobbing, the enactment of the Circular, which directly addresses mobbing, is a significant step toward enriching the relevant legislation.
We would like to emphasize that with the newly enacted Circular, managers, in addition to employers, are now explicitly held responsible for preventing mobbing. In this regard, in the upcoming period, we recommend that companies implement measures to prevent mobbing such as conduct training programs to raise awareness about mobbing, develop internal policies to prevent mobbing in workplaces, and establish complaint mechanisms, such as a platform where employees can report mobbing incidents internally.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
