New definition of bullying – what does it mean for employers?
The Ministry of Family, Labor and Social Policy (the “Ministry”) has prepared a draft act modifying the definition of mobbing, which has been in effect for more than 20 years, and introducing changes in the field of anti-mobbing prevention.
The aim of the amendment is to strengthen the protection of victims of mobbing and facilitate the assertion of their rights in court proceedings. What is of particular importance to employers is the introduction of stricter anti-mobbing obligations.
What could change?
The multi-element definition currently in force defines as mobbing: the persistent and prolonged behavior that causes an employee to have a low opinion of his or her professional suitability, causing or intended to cause humiliation or ridicule of an employee, isolate him or her or eliminate him or her from a team of co-workers. The stated elements must occur together to characterize the behavior as mobbing.
The Ministry’s draft simplifies the definition. The definition was shortened in the project to persistent harassment of an employee. This means that the employee would no longer have to prove the intent of the perpetrator or the consequences of the action, which could significantly facilitate the assertion of employee’s rights. However, the recurring or permanent nature of mobbing would be emphasized, thus excluding one-time behavior from the scope of the concept.
Other objectives of the draft, as reported by the Ministry, include:
- extending the obligation of anti-mobbing prevention by requiring employers to specify rules adopted against mobbing and discrimination in work regulations, as well as clarifying that the obligation to prevent violations of the principle of equal treatment and harassment is implemented through the use of preventive measures, detection and prompt and appropriate response, as well as through corrective action and support for those affected by unequal treatment;
- establishing a minimum compensation threshold for the victim of mobbing at six months’ salary;
- exempting the employer from civil liability in cases where the mobbing was not coming from the employee’s superior, and appropriate preventive measures have been implemented in the organization;
- defining a rational victim model to distinguish cases of actual harassment from incidents inadequately or excessively subjectively perceived as mobbing.
Risks and predictions
Experts point out that simplifying the definition could lead to more litigation. Due to the regulation of the minimum amount of compensation at six times the salary, a sum that is acute for smaller employers, disputes may be lengthy and thus involve higher costs.
In view of these changes, it is crucial that employers start preparing now to implement effective preventive procedures that will minimize the risk of potential conflicts.
Employer’s obligations regarding counteracting mobbing
Although the legislation has not yet reached its final form, it is worth preparing your organization for possible changes. The planned date for adoption of the project by the Council of Ministers is the third quarter of 2025.
According to the Labor Code, the employer has a duty to prevent mobbing, the fulfilment of which is manifested, among other things, in the development and adoption of an anti-mobbing policy at the workplace.
In view of the proposed changes, which focus on special protection of employees and their rights, it becomes all the more important for employers to implement appropriate internal procedures aimed at both prevention, adequate response and subsequent support for victims of mobbing.
Recommended actions are:
- reviewing internal regulations and updating them with regard to anti-mobbing;
- organizing training for employees and managers on identifying and preventing mobbing;
- Implementing procedures for preventing mobbing and monitoring the situation in the workplace to respond quickly to potential problems.
The draft amendment to the regulations concerning mobbing is a significant change that could affect the operation of many companies. The new definition of mobbing and expanded preventive duties for employers bring both opportunities for better protection of employees, as well as the risk of increased litigation and higher costs for employers. Understanding the proposed changes and preparing your organization accordingly will minimize legal and financial risks in the future.
We encourage you to contact us if you have any questions about these important changes for employers:
Joanna Jędrzejewska
Senior Associate | Attorney-at-law
Karolina Kamecka
Junior Associate
