New regulation to combat workplace mobbing in Türkiye

A new presidential decree aimed at preventing workplace psychological harassment, commonly known as mobbing, has been published in the Official Gazette with President Recep Tayyip Erdogan’s signature. The regulation outlines measures to protect employees from psychological abuse and establish mechanisms to combat such incidents.

According to the decree, employees who experience mobbing can file complaints through multiple channels, including the Presidential Communication Center (CIMER), the Turkish Parliament Petition Commission, the Ministry of Labor and Social Security’s Communication Center (ALO 170), as well as directly through the Ministry of Labor and Social Security, the Human Rights and Equality Institution of Türkiye (TIHEK), and the Ombudsman Institution.

Restructuring of Psychological Harassment Prevention Committee

The decree reactivates the Psychological Harassment Prevention Committee, initially established under a previous regulation issued on March 19, 2011. The committee will now function under the Ministry of Labor and Social Security and will include representatives from various institutions.

Among the key participants are the Ministry of Justice, the Human Rights and Equality Institution of Türkiye, the Ombudsman Institution, and the Public Servants Ethics Board. The committee will also include representatives from the Ministry of Labor and Social Security’s Guidance and Inspection Presidency, the Labor and Social Security Training and Research Center, and the General Directorate of Occupational Health and Safety.

Additionally, confederations representing workers, employers and public servants will have a role in the committee. Other relevant institutions and organizations specializing in psychological harassment, as well as experts and academics in the field, will also participate.

The committee will be responsible for shaping national policies on combating workplace psychological harassment, coordinating educational and awareness programs, conducting research and analysis, preparing reports and guidelines, and raising public awareness. The operational procedures and principles of the committee will be defined internally, and the Ministry of Labor and Social Security will provide secretarial support.

Employer and employee responsibilities

Employers, managers, and all employees are expected to avoid actions and behaviors that could be considered violations of fundamental rights and freedoms, leading to psychological harassment. The primary responsibility for preventing workplace mobbing falls on employers and managers, who must identify potential risks, implement preventive measures, and develop protective policies.

To enhance awareness of psychological harassment, relevant institutions will organize educational and information campaigns. Training programs will cover employee rights and the available mechanisms for reporting incidents. Ensuring that all employees are well-informed about their rights and legal protections will be a priority.

Confidentiality and sensitivity in investigations

The investigation and prosecution of psychological harassment claims will be handled with strict confidentiality and respect for personal privacy. Authorities will ensure that false allegations do not damage the reputation and credibility of institutions or individuals. Such cases will be addressed promptly and with the utmost diligence.

Additionally, collective labor agreements and contracts will include provisions aimed at preventing and mitigating workplace mobbing. Employees who experience psychological harassment will continue to receive support through psychologists assigned to the ALO 170 hotline, ensuring that they receive the necessary guidance and assistance.

Türkiye’s stance on ILO Convention 190

The International Labour Organization’s (ILO) Convention No. 190 is the first legally binding international treaty aimed at eliminating violence and harassment in the workplace. It was adopted in 2019 to protect employees from physical, psychological, and sexual abuse at work. The convention is considered a significant step forward in global labor rights, with trade unions and human rights organizations urging governments worldwide to ratify it.

To date, 44 countries have ratified the convention. However, despite six years passing since its adoption, Türkiye has yet to sign it. If Türkiye were to ratify the treaty, it would necessitate strengthening the existing legal framework and implementing more comprehensive protective measures for workers.