The Ministry of Family, Labour and Social Policy has prepared a draft bill, the provisions of which are to specify the definition of mobbing and various forms of violence in the workplace. Thanks to these changes, employers are to receive clear guidelines on counteracting mobbing, and employees are to be better protected against undesirable behaviour.
A draft bill on changes to the Labour Code has been added to the list of the Government Legislation Centre. The new provisions aim to specify the definitions of various forms of violence in the workplace, such as mobbing or harassment, and to ensure a better understanding of the obligations of employers and more effective protection of the dignity and other personal rights of employees. The author of the draft is the Ministry of Family, Labour and Social Policy.
The introduction of EU anti-mobbing regulations into Polish law was undoubtedly a step in the right direction. However, the excessively general nature of the regulations in force and the contradictory interpretations often lead to uncertainty among both employers and employees. Too broad a definition of mobbing leads to abuse and unjustified accusations, and at the same time does not guarantee effective protection against real violence in the workplace.
The proposed changes are intended to create clear rules protecting both employers from unjust accusations and employees from mobbing. They will mainly affect the activities of micro-entrepreneurs and small and medium-sized companies.
The changes presented in the draft bill on mobbing include, among others:
The draft bill provides for a transitional provision. It is to enable employers to adapt to the new requirements and assumes a 3-month period for the employer to fulfil, among other things, the obligation to update work regulations. It is important to note that this period will be counted from the date of entry into force of the act, which is to enter into force after 21 days from the date of its announcement.
The expected date of adoption of the project by the Council of Ministers is the third quarter of 2025.
According to the report ” Mobbing in the Workplace ” developed by Antal together with Dobra Foundation, almost half of the 713 respondents indicated that the experience of mobbing forced them to change jobs, and another 35% declared that due to such experiences they were looking for new employment. It is also worth emphasizing that as many as 93% of respondents stated that they had encountered behaviours that could be defined as mobbing.
In addition, the report indicates that despite the introduction of anti-mobbing procedures in some companies, many organizations do not provide employees with the expected level of protection against mobbing. As many as 40% of respondents stated that their workplace lacks clearly defined rules for combating mobbing, which is a serious problem. More than two thirds of respondents emphasized the need to implement effective systems for reporting mobbing incidents as a necessary condition for creating a healthy and safe working atmosphere.
Together with a law firm from our Group – TGC Corporate Lawyers – we offer comprehensive support in the field of labour law. We help, among others, in preparing procedures against discrimination and mobbing. Our lawyers will advise on what legal solutions to choose and how to implement the applicable provisions and regulations.
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