Key takeaways

  • The new anti-bullying regulations will enter into force on 5 November 2026.

  • The requirement for mobbing to be long-lasting will be removed from the legal definition.

  • Employers will be required to implement anti-mobbing procedures and preventive measures.

  • The minimum compensation for mobbing will amount to at least six times the statutory minimum wage.

  • Employers will have until 5 May 2027 to adjust workplace regulations and internal procedures.

New definition of mobbing – what is changing?

Under the new regulations, mobbing will be defined as persistent harassment of an employee.

The most significant change is the removal of the requirement that the conduct be long-lasting. The revised definition focuses on conduct that is repetitive, recurring or continuous. While a single incident will generally not be sufficient to constitute mobbing, employees will no longer be required to prove that the unwanted behaviour continued for many months. Until now, Polish courts have commonly held that harassment had to persist for several months, typically at least six months, in order to qualify as mobbing.

What does this mean in practice?

Employees will no longer need to demonstrate that they were subjected to harassment for six months or longer. The key consideration will instead be the nature of the conduct and its repetitive character.

Types of conduct that may constitute mobbing

The amendment introduces a non-exhaustive list of behaviours that may be regarded as mobbing, including:

  • humiliation;

  • degradation or insulting treatment;

  • intimidation;

  • unjustified lowering of an employee’s professional assessment;

  • unjustified criticism, belittling or ridicule;

  • hindering an employee’s functioning in the workplace, including limiting their ability to achieve work results, perform duties, utilise their competencies, communicate with colleagues or access necessary information;

  • isolating an employee or excluding the employee from the team.

These behaviours may constitute mobbing if they amount to persistent harassment, meaning that they occur repeatedly, recur over time or are continuous.

At the same time, the new provisions make it clear that legitimate and properly expressed management actions, including performance reviews, supervision of duties or substantive criticism of an employee’s work, should not be regarded as mobbing (Article 94³ § 9 of the Polish Labour Code).

This means that employers, managers and supervisors will continue to be entitled to monitor performance, assess the quality of work and enforce workplace procedures without automatically exposing themselves to allegations of mobbing.

New obligations for employers

From a practical perspective, the most significant change concerns not the definition of mobbing itself but the obligation to actively prevent it.

Under the new wording of Article 94³ § 1 of the Labour Code, employers must systematically prevent mobbing, in particular through preventive measures, detecting mobbing, responding appropriately to incidents, taking corrective action and supporting affected individuals.

The new framework is based on three pillars:

  1. prevention,

  2. detection,

  3. remediation.

The legislator expressly emphasises that combating mobbing cannot be limited to merely adopting a formal anti-mobbing policy. Employers will be expected to undertake genuine preventive measures and actively respond to reports of irregularities.

Employers with at least ten employees will be required to establish rules, procedures and the frequency of preventive activities in areas including:

  • protection of employee dignity and personal rights;

  • equal treatment in employment;

  • prevention of discrimination;

  • prevention of mobbing.

These rules must be included in collective bargaining agreements, workplace regulations or separate internal procedures.

In practice, employers will need to:

  • implement anti-mobbing procedures;

  • provide regular training for employees and management staff;

  • conduct thorough internal investigations;

  • establish secure reporting channels for employees;

  • properly document all actions taken in response to mobbing complaints.

Employers will have six months to align their workplace regulations and procedures with the new requirements, while the revised definition of mobbing will apply immediately upon the law entering into force.

Easier enforcement of employee claims

Another important change concerns employer liability.

Employees seeking compensation for mobbing will no longer need to prove that the mobbing caused a health disorder.

Previously, compensation for non-pecuniary harm was available only to employees who could demonstrate that mobbing had resulted in a health impairment. Employees subjected to mobbing, or those who terminated their employment because of mobbing, could seek damages amounting to at least the minimum wage.

Under the new rules, any employee who has experienced mobbing will be entitled to seek:

  • compensation for non-pecuniary damage in an amount of no less than six times the statutory minimum wage; or

  • damages from the employer.

Manager liability

The amendment also introduces a mechanism enabling employers to seek reimbursement from the perpetrator of mobbing after compensating an affected employee.

Pursuant to the new Article 94³ § 12 of the Labour Code, an employer may pursue a claim against the individual responsible for the mobbing, including managers and supervisors, seeking reimbursement of the loss suffered in proportion to that person’s degree of fault and the employer’s contribution to the damage.

Changes to discrimination and equal treatment regulations

Alongside the mobbing reforms, the legislator has amended the provisions governing equal treatment in employment.

One notable change is the explicit introduction of the concepts of:

  • discrimination by assumption; and

  • discrimination by association.

This means that protection will also extend to individuals who are treated less favourably because of a characteristic merely attributed to them by the employer or because of their relationship with a person possessing a protected characteristic.

Employee protection will also be strengthened. Individuals whose right to equal treatment has been violated will be able to seek not only damages but also compensation for non-pecuniary harm.

The new regulations further emphasise preventive measures and the need to establish procedures aimed at preventing discrimination and ensuring genuine respect for the principle of equal treatment in the workplace.

Employer checklist

Although some provisions will not enter into force for several months, employers should begin preparations now.

Before the new regulations take effect, employers should:

  • conduct an audit of existing anti-mobbing procedures;

  • review workplace regulations;

  • establish procedures for reporting irregularities;

  • provide dedicated training for managers;

  • improve processes for documenting reports and investigations.

For larger organisations, success will depend not merely on adopting a new policy but on demonstrating that effective anti-mobbing measures are genuinely implemented in practice. In future disputes, preventive actions, training activities, complaint-handling processes and the quality of documentation may prove decisive.