New rules on workplace bullying (mobbing) and discrimination – what actually changes for employers

On 8 July 2026, the Senate passed an amendment to the Polish Labour Code which tightens employers’ liability for workplace bullying (mobbing) and discrimination. The act now only awaits the President’s signature and publication in the Journal of Laws, and will enter into force three months after publication. This is the most significant change to the anti-mobbing rules since their introduction in 2004.

The new obligations will apply to employers with as few as 10 employees. During the vacatio legis period, employers will need to adjust their internal documentation, including introducing or updating anti-mobbing and anti-discrimination procedures, to avoid sanctions from the Labour Inspectorate and reduce the risk of claims. Time is short, so preparations are best started even before the act is published.

A simpler definition of mobbing – an easier path to liability

Currently, establishing mobbing requires five conditions to be met jointly, including the persistence and long duration of harassment or intimidation and its effect in the form of the employee’s humiliation, ridicule or isolation. In practice this is very difficult – courts find mobbing and award compensation in only around 5% of cases.

Under the amendment, mobbing will be defined as persistent harassment of an employee. Persistence means that the behaviour is repeated, recurring or constant – incidental behaviour will still not constitute mobbing. The act introduces an open catalogue of manifestations of mobbing (including humiliation, intimidation, belittling professional competence, unjustified criticism and isolation), which lowers the threshold for qualifying behaviour as mobbing. At the same time, the provisions expressly state that justified conduct expressed in an appropriate form – in particular holding employees accountable for their work or criticising it – does not constitute mobbing.

New employer obligations

• Systematic prevention of mobbing. Employers will be required to take preventive measures, detect and respond to violations, and provide remedial action and support to affected employees. A passive approach will not suffice – documented, genuine prevention will become the key line of defence in potential litigation.
• Anti-mobbing regulations mandatory from 10 employees. Employers with at least 10 employees will have to establish rules, procedures and the frequency of measures to counteract mobbing, discrimination and violations of employees’ personal rights – in the work regulations or in separate anti-mobbing regulations, agreed with trade unions or, in their absence, with employee representatives.
• Reversed burden of proof. In equal treatment disputes, the employee will only need to make the alleged violation plausible – it will be up to the employer to prove that no violation occurred, by presenting documentation, procedures and witnesses. Without well-organised internal documentation, the defence becomes considerably more difficult.
• Higher compensation and damages – payable by the employer. Employees’ claims are linked to the statutory minimum wage, and the employer is the addressee of the claims – regardless of who actually committed the mobbing.

Employees filing labour law claims remain exempt from court fees, regardless of the value of the claim. The combination of free access to court, higher minimum compensation thresholds and the reversed burden of proof significantly increases employers’ exposure to claims.

• Employer’s recourse against the perpetrator. An employer who has paid compensation or damages will be able to seek recovery from the perpetrator of the mobbing – in an amount corresponding to the degree of that person’s fault. Effective recourse requires documenting the employer’s own preventive measures and the course of the internal investigation.

What is worth doing now?

1. prepare or update anti-mobbing regulations and plan consultations with employee representatives in advance,
2. implement and document genuine preventive measures: training, a secure reporting channel and an internal investigation procedure,
3. document responses to reports (timeliness, impartiality of the investigating committee, preservation of evidence),
4. review employee appraisal and termination processes for the risk of mobbing or retaliation allegations,
5. consider a compliance audit of HR documentation.