The President Signed the Act on Mobbing. What Changes to the Labour Code?
On 30 July 2026, the President signed an Act amending the Labour Code and the Code of Civil Procedure with regard to the protection of employees against mobbing, discrimination and unequal treatment in the workplace. The new provisions clarify definitions, strengthen protection for victims and specify employers’ obligations.
The Act, drafted by the Ministry of Family, Labour and Social Policy, has completed the full legislative process and been signed by the President. The legislation is intended to increase the effectiveness of measures to prevent mobbing and discrimination, streamline the process for employees to pursue claims, and bring the regulations into line with contemporary labour market realities and case law.
From this article you will learn, among other things:
What is the new definition of mobbing?
How do the new regulations protect employees and employers?
What implementation obligations and financial risks does the Act provide for?
A new definition of mobbing – simpler and more effective
According to the new definition, mobbing involves persistent harassment of an employee, and persistence means that the harassment is repetitive, recurring, or constant. The act lists examples of mobbing behaviour: humiliating or insulting behaviour, intimidation, underestimating an employee’s professional suitability, isolating an employee, or eliminating them from a team.
Mobbing behaviour may come from an employer, a superior, but also from a person in an equivalent position or from a subordinate.
On the other hand, the regulations indicate what actions are not considered mobbing – justified and properly expressed behaviour towards an employee, in particular work assessment or criticism.
The legislator also introduces the concepts of discrimination by assumption and by association. Both situations involve an employee being treated worse than others in a comparable situation.
Discrimination by assumption is based on false beliefs held by others about an employee. It occurs when an employee is mistreated because someone falsely attributes a certain characteristic to them, such as sexual orientation or political views, even if these assumptions are untrue.
In the case of discrimination by negative association, the attitude of a boss or coworker stems from the employee’s relationship with another person who possesses a legally protected characteristic. An example would be an employee receiving worse working conditions simply because they care for a child with a disability.
With the new definitions, the regulations make it clear that such behaviour is unacceptable, regardless of whether the perpetrator’s prejudices are based on facts or speculation.
The new regulations also standardize the definitions of harassment (ordinary) and sexual harassment. Previously, the law defined sexual harassment as physical, verbal, or non-verbal (e.g., gestures). In the case of ordinary harassment, these forms were not as precisely defined, even though both phenomena violate employee rights in remarkably similar ways.
Under the new regulations, both forms of harassment will be treated equally in terms of their expression. This means that any undesirable action intended to violate an employee’s dignity, whether sexual in nature or based on other prejudices, will be assessed equally harshly, regardless of whether the perpetrator used physical, verbal, or non-verbal violence.
How do the new regulations protect employees and employers?
The new regulations are intended to strengthen protection for employees, whilst at the same time limiting the liability of employers who take genuine and effective measures to prevent mobbing.
The Act requires that the rules for counteracting mobbing and discrimination be clearly set out in the company’s internal documents, such as the staff regulations or a notice. This ensures that employees know what rules apply in the workplace, how to report irregularities, and how the employer will respond to them.
Art. 94 3 . § 1. The employer is obliged to actively and continuously counteract mobbing by applying, in particular, preventive measures, detecting mobbing and appropriately responding to mobbing, as well as by taking corrective measures and supporting persons affected by mobbing.
A significant change is the possibility for an employer to be exempt from financial liability for mobbing in certain circumstances. This will be possible if the employer can demonstrate that they have taken genuine and effective preventive measures, and that the mobbing was not committed by the employee’s line manager or by a person in a position of authority over them. This provision is intended to reward employers who implement effective procedures, training, remedial measures and support for those affected by mobbing.
Furthermore, an employer who has paid an employee compensation or damages in respect of mobbing has the right to claim reimbursement for the loss incurred from the person who engaged in the behaviour constituting mobbing.
What financial compensation can an employee claim?
The Act sets out the financial compensation that an employee whose right to equal treatment has been infringed may claim. There are still two types of claims provided for: damages to cover financial loss suffered, and compensation for non-pecuniary harm, including stress, humiliation or mental suffering.
Importantly, when determining the specific amount due to the employee, the court will take into account the frequency with which the employee was subjected to unfair treatment. A one-off incident will be assessed differently from a series of breaches occurring over a longer period. This mechanism is intended to ensure that penalties for unscrupulous employers are fairer, whilst at the same time being more severe in cases where discrimination was a recurring pattern of behaviour.
Compensation – new minimum amount
The regulations introduce a new minimum amount that must be paid to an employee who has experienced discrimination more than once. In such cases, the minimum compensation limit, which provides victims with fair compensation for the harm they have suffered, is the equivalent of three times the minimum wage. This amount will increase in line with the increase in the statutory minimum wage (PLN 4,806 in 2026), further motivating employers to quickly respond to any concerns within their company.
Compensation in the event of mobbing
The new regulations introduce a new lower threshold for compensation for mobbing, which is six times the minimum wage.
§ 11. An employee who has suffered mobbing has the right to claim compensation from the employer in an amount not lower than six times the minimum wage, determined on the basis of separate provisions, or to claim damages from the employer.
New regulations – obligations for employers
The amendment clarifies the existing obligation to prevent mobbing and discrimination. Employers should actively and continuously prevent undesirable behaviour, detect it, respond appropriately, take remedial action and support those affected by workplace bullying. Employers with at least 10 employees will be required to include rules on preventing unequal treatment in their work regulations or in a notice.
In practice, this means that anti-mobbing procedures, reporting channels, rules for conducting investigations and documentation of preventive measures must be reviewed and updated. If such procedures do not exist, they will need to be introduced. However, general procedures alone may prove insufficient – the employer should be able to demonstrate that the measures put in place are being applied, are known to employees and are effective.
When will the new regulations come into force?
The Act will come into force three months after its publication in the Journal of Laws. Employers will then have six months from the date the Act comes into force to prepare and implement the required regulations and procedures concerning the prevention of mobbing and discrimination.
The President signed the Act on 30 July 2026. The exact dates of the new provisions coming into force and the expiry of the implementation period depend on the date of publication of the Act in the Journal of Laws.
