21.01.2025 Labour law

[Poland] Fighting mobbing – what changes to the Labour Code does the government propose?


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.

No more ambiguity – new regulations on mobbing in the workplace

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.

What will change, i.e. the main assumptions of the draft bill

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:

  • Unification of regulations on various forms of harassment by expanding the definition of mobbing to include elements characteristic of sexual harassment, taking into account a wide range of behaviours, including physical, verbal and non-verbal actions;
  • Introducing clear rules on the amount of compensation and damages to which employees are entitled in the event of a breach of the principle of equal treatment or mobbing, taking into account the individual circumstances of each case, in particular the frequency of occurrence of unacceptable actions
  • Establishing that in cases concerning a violation of the principle of equal treatment, the rule of the burden of proof will apply, analogous to that adopted in the Act of 2010 (Journal of Laws of 2024, item 1175). According to this principle, the employee will only be required to substantiate the fact of unequal treatment, while the employer will bear the burden of proving that the employer’s actions did not constitute a violation of the principle of equal treatment
  • Clarification of the principle that the obligation to counteract discrimination and mobbing must be implemented through systematic preventive measures, including the creation of procedures for reporting violations and ensuring effective mechanisms for detecting and handling complaints. In the event of a violation being identified, the employer should take corrective action and provide support to the victims
  • Expanding the code catalogue of employer obligations to include counteracting mobbing and counteracting violations of dignity and other personal rights of an employee, taking into account six areas defined in the taxonomy developed by Heinz Leymann
  • Simplification of the definition of mobbing by pointing out its basic feature – persistent harassment of an employee
  • Determining that mobbing is persistent and long-term harassment of an employee, in particular from a superior, co-worker, subordinate, individual or group of people, regardless of whether it is intentional, and excluding incidental and one-off behaviours from this definition
  • Defining the concept of a “rational victim” as a criterion to distinguish objective manifestations of mobbing from excessively subjective feelings
  • Determining the minimum amount that an employer will have to pay to an employee as compensation for harm suffered as a result of mobbing
  • Introduction of a provision according to which an employer is not liable for mobbing committed by other employees who are not the employee’s superior if the employer proves that he/she has taken all reasonable steps to prevent and combat mobbing at work
  • Establishing in the work regulations (or another document) principles and actions aimed at counteracting discrimination, mobbing and counteracting violations of the dignity and other personal rights of the employee and maintaining the principle of equal treatment in employment.

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.

Mobbing as a reason for changing job?

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.

Labour law – how can we help?

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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