Change in regulations regarding mobbing (workplace harassment)

Mobbing in the Workplace – Planned Amendments to the Labour Code

Mobbing is a negative phenomenon that can occur in the workplace. It is regulated by Article 94³ of the Polish Labour Code, which defines it as:
“actions or behaviours concerning an employee or directed against an employee, involving persistent and long-term harassment or intimidation of the employee, resulting in or intended to result in a lower self-assessment of their professional usefulness, humiliation or ridicule, isolation, or elimination from the team.”
This definition has remained unchanged for over 20 years. As a result, for some time now, there have been calls for its amendment. The Ministry of Labour has recently prepared a draft bill introducing changes to the provisions on mobbing. The draft (ref. no. UD183) is available on the website of the Government Legislation Centre.

The new definition proposes that mobbing constitutes behaviour involving persistent harassment of an employee. The persistence of harassment is characterised by its repetitive, ongoing, or recurring nature. The draft distinguishes certain behaviours that may indicate mobbing, including:

• humiliation or denigration,
• intimidation,
• undermining the employee’s professional usefulness,
• unjustified criticism, belittling or ridiculing the employee,
• hindering the employee’s functioning in the work environment in terms of achieving work results, performing duties, using their competencies, communicating with colleagues, or accessing necessary information,
• isolating the employee or excluding them from the team.

It is important to emphasize that the above list is open-ended. This means that mobbing may take other forms. However, the creation of an exemplary list appears intended to highlight behaviours particularly associated with this harmful phenomenon. Such behaviours may include physical, verbal, or non-verbal elements.
Notably, under the draft, mobbing will also include instructing or encouraging another person to engage in the abovementioned behaviours toward an employee. Furthermore, even unintentional behaviours that could have caused a specified effect—regardless of whether the effect actually occurred—may be deemed mobbing.

When assessing whether certain actions constitute mobbing, both the objective impact on the employee and the employee’s subjective feelings or reactions—provided they are rational—will be taken into account.

In addition to the changes to the concept of mobbing itself, the draft introduces new obligations for employers. According to the proposed new wording of Article 94 of the Labour Code, employers will be required to prevent all forms of unequal treatment and discrimination in employment, and to combat violations of dignity and other personal rights of employees, particularly in areas such as: health, personal sphere and reputation, proper communication in the workplace, position within the team, work results and evaluation, as well as professional status and qualifications.

At first glance, it is evident that the proposed changes are significant. The authors of the draft emphasize that over 20 years ago, the legislator defined certain forms of violence that may occur in the workplace. As a result, a review was conducted of how the phenomenon was originally defined and how the relevant doctrine and case law have developed since then. Based on this analysis, the drafters decided to clarify those aspects identified as causing confusion or practical difficulties in the interpretation and application of existing terms.

According to the Ministry of Family, Labour and Social Policy, the draft amendment to the Labour Code is intended to resolve ongoing legal uncertainties and misperceptions concerning the true nature of workplace violence. The Ministry stresses that the draft reflects the most important conclusions of the judiciary and legal scholarship relating to the current legal provisions. The amendment is expected to improve the informative function of the law and help resolve existing ambiguities.

The legislative process is progressing rapidly, which means there is a strong possibility that the proposed amendments will be adopted later this year. This information is highly relevant for both employees and employers, who will need to adapt their workplaces to comply with the new regulations. We encourage you to familiarise yourself with the proposed changes to the Labour Code provisions on mobbing.