On Thursday, 5 November, an amendment to the Labour Code took effect, requiring employers to systematically counter mobbing and discrimination. Companies employing at least 10 people must bring their regulations into line by 5 May 2027.
The Act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure was published in the Journal of Laws (Dziennik Ustaw) on 4 August (item 1046) and took effect after three months. We wrote about the new definition of mobbing and the amount of compensation when the changes to the Labour Code were announced.
Prevention, detection, remedy
According to the National Labour Inspectorate (PIP), the new rules introduce a three-stage model of employer action: prevention, detecting mobbing and responding appropriately, and remedial measures and support for injured persons. The obligation covers not only mobbing but also unequal treatment and discrimination.
The Ministry of Family, Labour and Social Policy points out that employers are also responsible for ensuring that employees are not exposed to unwanted treatment by third parties at work. The Civil Service portal (Serwis Służby Cywilnej) lists examples of actions: educating employees and managers, monitoring the working atmosphere, identifying risks, and supporting people affected by abuse.
Regulations by 5 May 2027
Employers with at least 10 employees must define the rules, procedures and frequency of anti-mobbing and anti-discrimination measures. They may do so in a collective labour agreement, in the work regulations, or in a separate set of regulations. The content of such regulations must be agreed by the employer with the company trade union organisations.
Transitional provisions give six months from the Act’s entry into force to adapt the work regulations or issue a new document, meaning until 5 May 2027.
Recovering benefits from the perpetrator
An employer that has paid benefits to an injured employee will be able to seek their reimbursement from the person responsible for the violation, the Civil Service announced. According to the Chancellery of the Prime Minister (KPRM), the minimum compensation for mobbing is at least six times the minimum wage.
Cases started before the change
PIP notes that the amended provisions also apply to persistent harassment or repeated violations of the principle of equal treatment that began before 5 November, if they continue after that date. The Ministry of Family adds that the provisions also apply in such cases.
Under the Act, justified actions by an employer, taken in an appropriate form, are not considered mobbing, in particular settling accounts for assigned work and criticism of work.
