Mobbing under new rules from 5 November: persistence matters, not intent
In three weeks, an amendment to the Labour Code will come into force. Employees will find it easier to prove mobbing, and companies employing at least 10 people will have to put protection procedures in writing.
On 5 November 2026, the amended Labour Code provisions on mobbing and discrimination will come into force. The most important change concerns the definition. Mobbing will mean persistent harassment of an employee, that is, conduct that is repetitive, recurring or constant. The requirement to prove the prolonged nature, purpose and effect of the harassment, as well as the perpetrator's intent, will be removed. The changes are reported, among others, by My Company Polska and kadry.infor.pl.
The perpetrator may be a supervisor, co-worker, subordinate, or a person working on a basis other than an employment contract. A single incident, justified criticism, or an ordinary conflict will still not constitute mobbing. However, a one-off event that violates an employee's personal rights may give rise to other liability for the employer.
The minimum compensation for harm caused by mobbing will amount to six times the minimum wage, that is, PLN 28,836 in 2026. The injured party may additionally claim damages. An employer who pays may seek reimbursement from the perpetrator in proportion to the degree of their fault. The new provisions will also cover harassment that began before 5 November and continues afterward. The definition of discrimination will also be broader: it will include, for example, less favourable treatment because of ties to another person.
Employers employing at least 10 people, including exactly 10, must define in writing the rules for preventing mobbing, discrimination, and violations of dignity, unless these are already regulated by other documents. They may do this in a collective agreement, workplace regulations, or separate regulations. Separate regulations must be agreed with trade unions or employee representatives. The deadline is 5 May 2027 and applies only to putting the document in writing. The general obligation to prevent mobbing, respond to reports, and support affected persons will apply to all employers as early as 5 November.
For HR departments and managers, this means reviewing the current policy against the new definition, checking where an employee can report a problem, and training the management team. In companies with fewer than 10 people, the main issue is a clear reporting path, for example to the owner.