On 5 November 2026, amendments to the Polish Labour Code regarding the prevention of mobbing and discrimination will come into force.
The amendments are not limited solely to changes in statutory definitions, but also impose additional obligations on employers to establish and implement effective mechanisms for preventing and responding to irregularities.
New definition of mobbing
The amendment will change the definition of mobbing, although it will not alter its essence, which is the persistent harassment of an employee. ‘Persistence’ will mean behaviour that is repetitive, recurring or constant. The requirement for the behaviour to be of long duration will, in turn, be removed from the definition, and claims for compensation will no longer be linked to a deterioration in health.
At the same time, a single instance of behaviour will still not constitute mobbing, and justified and appropriately expressed criticism of work will remain permissible.
The Act also includes an open-ended list of behaviours constituting mobbing, such as: humiliation, disparagement, intimidation and isolation.
The new provisions will also explicitly state that mobbing may originate not only from an employer or a supervisor, but also from a subordinate or from persons employed on a basis other than an employment contract.
Employers’ obligations
Employers will be explicitly required to take preventive measures, to detect and respond appropriately to mobbing behaviour, and to implement remedial measures and provide support to those affected by mobbing.
Employers with at least 10 employees will be required to establish rules, procedures and the frequency of measures taken to prevent mobbing. These regulations should also cover the prevention of violations of an employee’s dignity and other personal rights, the principles of equal treatment and the prevention of discrimination
The content of these regulations must be agreed with the workplace trade union organisation or, in the absence of such an organisation, following consultation with employee representatives selected in accordance with the employer’s established procedures.
Additional areas affected by the changes
Discrimination
Two new definitions will be added to the Labour Code: discrimination by assumption and discrimination by association. The first occurs when an employee is treated less favourably on the basis of a protected characteristic that has been wrongly attributed to them; the second occurs when the reason for the less favourable treatment is the employee’s association with a person who possesses a specific protected characteristic.
Systematic action
The Act emphasises the systematic nature of an employer’s obligations regarding the prevention of mobbing and breaches of the principle of equal treatment. This marks a shift away from measures taken solely in response to a report, towards a greater focus on ongoing prevention, the detection of breaches, appropriate responses, and remedial and support measures.
Personal rights
The amendment will also cover the protection of an employee’s dignity and other personal rights, obliging the employer to take active and ongoing measures to prevent any infringement of these rights.
Burden of proof
An employee reporting a breach of the principle of equal treatment will have to substantiate this fact. Once this has been successfully substantiated, it will then be up to the employer to prove that no breach took place.
Time frame
The new provisions will also apply to cases of persistent harassment of an employee which began before 5 November 2026, provided that such conduct continues after the Act comes into force.
Financial risk
In the event of mobbing, an employee may claim compensation amounting to at least six times the minimum wage, or damages.
In the event of discrimination, the minimum compensation is equivalent to the minimum wage, and in the event of repeated breaches of the principle of equal treatment, three times that amount. The victim may also claim damages.
Transition period
The Act comes into force on 5 November 2026 but provides for a six-month period to bring internal regulations into line with the new provisions.
This means that by 5 May 2027, employers should have already implemented all the necessary changes, and in particular put in place appropriate anti-mobbing policies.
What can be done right now?
01 Review of internal regulations
Evaluation of current regulations, policies and other internal documents, in particular with regard to the definitions used, the scope of employee protection and compliance with the employer’s new obligations. Given the required consultation procedure, it is recommended that regulations which already comply with the new requirements be re-implemented after 5 November 2026.
02 Preparation of anti-mobbing procedures and policies
Defining the scope and frequency of preventive measures, the methods for detecting and responding to breaches, and remedial and support measures. In the absence of an appropriate procedure, drafting a proposal in line with the new requirements, enabling the necessary consultations to be carried out and the regulations to be implemented efficiently once the amendment comes into force.
03 Review of existing channels for reporting irregularities
An assessment of whether the existing reporting channels are genuinely accessible and effective, and whether they ensure an adequate level of confidentiality and protection for whistleblowers, rather than being merely a formality.
04 Preparation of additional documentation
Review and preparation of the documents necessary for the secure receipt and processing of reports, including those relating to the protection of personal data and trade secrets, as well as the relevant authorisations, confidentiality undertakings and agreements with persons involved in the investigations.
05 Preparing employees for change
Ensuring appropriate communication and training, with particular emphasis on management, HR and those involved in receiving and processing reports.
Feel free to contact us
Our lawyers are here to answer any questions and provide practical support, particularly in the following areas:
- consultations on existing procedures;
- drafting an anti-bullying policy or adapting an existing one to comply with new legislation;
- reviewing work regulations in light of upcoming changes;
- training employees on the procedure for reporting cases of mobbing.
Contact: Ewa Boryczko, Aleksandra Wylecioł (LYNX Poland)