The Ministry of Family, Labor, and Social Policy has introduced plans to simplify the legal definition of workplace mobbing and implement new obligations for employers. These changes, currently under legislative development, aim to improve awareness of employee rights and establish clear anti-mobbing measures in workplace regulations. This move seeks to help employees better recognize and address instances of harassment.
The draft legislation was submitted for public consultation in January, signaling the Ministry’s intention to modernize protections for employees against mobbing.
Adapting to Contemporary Realities
“After 21 years of the current regulations, it’s time for changes that reflect today’s realities,” said Agnieszka Dziemianowicz-Bąk, Minister of Labor, during a speech in Parliament. “Poland’s work culture and labor laws must keep pace with the times. Abusive behaviors that were normalized 20 years ago are now seen as harmful or outright illegal. It’s high time we move forward, leaving behind an era of silent tolerance for mobbing and toxic workplace cultures. The law must evolve alongside societal changes to address new problems and challenges.”
A report by UCE Research and ePsycholodzy.pl revealed that 41.4% of Polish employees experienced mobbing behaviors in the second half of 2023, up from 40% the previous year. The issue disproportionately affects younger employees aged 18–24, with over 50% reporting such experiences. Workers reported behaviors like meaningless tasks, assignments below their qualifications, gossip, contradictory instructions, envious or malicious comments, shouting, swearing, and insults. Even in companies with anti-mobbing policies, 70% of employees felt unsupported by their organizations, and over 90% of mobbing victims reported worsening mental health, with 75% experiencing physical health issues.
These alarming statistics underline the need for legal reforms to combat workplace harassment more effectively.
Simplifying the Definition of Mobbing
Currently, workplace mobbing is defined through five criteria:
- The occurrence of an action or behavior directed at or concerning an employee.
- Its persistence and long duration.
- It takes the form of harassment or intimidation.
- It results in a diminished professional evaluation, humiliation, isolation, or exclusion of the employee from the team.
The new legislation proposes a simplified definition, focusing on the persistent harassment of an employee.
“The current definition is overly complex, leading to practical challenges. Even when inappropriate workplace behaviors occur, courts often rule against employees because not all criteria are met,” explained Michał Włodarczyk, a lawyer at PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler.
The updated regulations will include an open-ended list of examples of mobbing behaviors. “This is a positive development because human imagination is boundless, and mobbers can display a variety of behaviors. We cannot rigidly define every potential scenario. Additionally, the current requirement for mobbing to be ‘long-term’ lacks precise legal definition, leading to varying court interpretations,” Włodarczyk noted.
Some courts consider harassment lasting several months to qualify as mobbing, while others accept cases involving just a few weeks—or even a single day. The Ministry’s proposal to remove the “long-term” requirement and focus solely on persistence aims to address these inconsistencies.
New Employer Obligations
The legislation also seeks to mandate that employers outline anti-mobbing measures in workplace regulations. Employers with fewer than 50 employees, who are not legally required to have workplace regulations, must instead issue a special notice specifying anti-mobbing policies.
“These internal rules, created with employee involvement, will establish clear standards for everyone in the organization, making it harder to ignore cases of inappropriate or illegal behavior,” Włodarczyk added.
The proposed regulations aim to help employers develop tailored anti-mobbing strategies suitable for their industry and workplace. These strategies will focus on prevention, detection, and response, as well as providing support to mobbing victims.
Under current labor laws, employers are required to prevent mobbing, but this obligation is vaguely defined. The new regulations will provide clearer guidelines, including mandatory employee training to raise awareness of mobbing and how to address it.
Higher Compensation for Victims
The Ministry also plans to increase the minimum compensation for mobbing victims. The proposed minimum would be six times the employee’s monthly salary, based on the specific victim’s earnings rather than the national minimum wage.
Additionally, under the new regulations, employers will be held accountable even if a direct supervisor is identified as the mobber. However, employers will be exempt from civil liability if the mobbing was perpetrated by someone other than the employee’s supervisor and adequate preventative measures were in place.
Addressing Low Reporting Rates
Despite the existing legal tools available to mobbing victims, such as the right to claim compensation, reporting rates remain low. Approximately 700 mobbing cases are filed in Polish courts annually, indicating that employees are hesitant to pursue legal action.
The lengthy legal process and difficulty gathering evidence are significant barriers. Mobbing cases often require testimonies from other employees, who may be reluctant to testify against their employer.
“Shockingly, employees win only 5% of mobbing cases. This shows how challenging it is for workers to prove their claims in court,” Włodarczyk noted.
The updated legislation introduces a reasonable victim model to distinguish between genuine harassment and subjective perceptions of mobbing. This aims to protect both employees and employers from false accusations.
As the Ministry’s proposed changes progress through consultations, they represent a significant step toward addressing workplace harassment, ensuring better protections for employees while holding employers more accountable.
Source: https://managerplus.pl
