Amendment to the Labour Code and the Code of Civil Procedure: a New Definition of Mobbing and Higher Awards

On 30 July 2026 the President of Poland signed the act amending the Labour Code and the Code of Civil Procedure — the so-called anti-mobbing act.

The amendment makes significant changes to the framework for countering workplace bullying (mobbing), discrimination and infringements of employees’ personal rights, and strengthens the procedural position of those pursuing claims on those grounds.

Among the most important changes are the following.

I. A new, precise definition of mobbing

The act gives new wording to Article 94³ of the Labour Code (the “LC”). Mobbing is defined as the persistent harassment of an employee, with persistence meaning conduct that is repetitive, recurring or continuous. The legislature states expressly that isolated incidents — even where they infringe an employee’s personal rights — do not constitute mobbing.

The list of manifestations of mobbing includes humiliation, degradation, intimidation, unjustified criticism, isolating the employee within the team and obstructing the performance of their duties — provided that the conduct takes the form of persistent harassment.

At the same time, the act clarifies that justified criticism of work expressed in an appropriate form, and holding an employee to account for assigned tasks, cannot be treated as mobbing (new Article 94³ § 9 LC).

Also new is mobbing “by encouragement or instruction” (§ 6), mobbing independent of the perpetrator’s intention (§ 7), and liability for conduct originating not only from the employer or a manager, but also from co-workers, subordinates and persons performing work on a basis other than an employment relationship (§ 8).

II. An extended definition of discrimination

The amendment modifies Article 18³a LC, introducing among other things:

• discrimination by assumption — where the ground of discrimination is wrongly attributed to the employee;
• discrimination by association — connected with the employee’s link to a person to whom the ground of discrimination relates.

The definition of harassment has also been refined, as unwanted conduct infringing an employee’s dignity, which may be physical, verbal or non-verbal.

III. Higher awards

The act materially increases the minimum amounts of compensation:

• for mobbing — an award of no less than six times the minimum wage (new Article 94³ § 1¹ LC);
• for breach of the principle of equal treatment — an award of no less than the minimum wage and, in the case of repeated breaches, no less than three times that wage (new Article 18³d LC).

A recourse mechanism has also been introduced: an employer who has paid damages or an award may seek reimbursement from the person actually responsible for the mobbing, in proportion to their degree of fault (Article 94³ § 1² LC).

IV. Protection against retaliation

The new Article 18³e LC prohibits any adverse treatment of an employee in connection with the exercise of rights arising from a breach of labour law — and in particular prohibits notice or termination of the contract on that ground. That protection also extends to a person who supported an employee reporting a breach. It is excluded only where the person reporting knew that no breach had in fact occurred.

V. Reversal of the burden of proof

Under the new Article 18³f LC, a person alleging a breach of the principle of equal treatment need only make that fact credible. Once it has been made credible, the burden of showing that no breach occurred passes to the employer.

VI. Employer duties

Employers will be required to counter mobbing and breaches of the principle of equal treatment systematically — through preventive measures, the detection of irregularities, an appropriate response and support for those affected (Articles 94³ and 18³g LC). Employers with at least 10 employees will have to adopt internal rules setting out procedures for countering mobbing, discrimination and infringements of personal rights — unless such provisions are already contained in the work regulations or a collective agreement. Six months from the date the act enters into force are allowed for bringing documentation into line.

VII. Procedural changes

The amendment to the Code of Civil Procedure (the “CCP”) extends the jurisdiction of the district courts (regardless of the value of the claim) to cases concerning the protection of personal rights, mobbing and breach of the principle of equal treatment in employment. It also establishes the rule that, in proceedings for an award or damages on those grounds, the court may not dismiss the claim merely because the facts as established point to a basis of liability other than the one relied on by the employee (Article 477⁶a CCP).

When do the provisions take effect?

The act enters into force 3 months after publication in the Journal of Laws. As it was signed by the President on 30 July 2026 and is currently awaiting publication, the new provisions should take effect in autumn 2026. They will also apply to conduct amounting to repeated breach of the principle of equal treatment or to persistent harassment which began before the act entered into force but continued after that date.

Employers will then have 6 months from the date the act enters into force to amend their work regulations or issue separate rules on countering mobbing, discrimination and infringements of employees’ personal rights.