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Workplace Mobbing - New Rules 2026 and Employer Duties in Poland

A new mobbing definition from 5 November 2026, a mandatory anti-mobbing policy and damages starting at PLN 28,836. Check what employers must do.

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Author: Lenax - Centrum Szkoleniowo-Doradcze
  • przepisy BHP
  • kary BHP
  • employer OHS duties
  • workplace mobbing

Does your company have a procedure for counteracting mobbing? If you employ at least 10 people, from 5 November 2026 this question stops being rhetorical - written anti-mobbing rules will become a statutory duty. The duty to counteract mobbing has existed in the Polish Labour Code since 2004, but the legislator settled for a single-sentence definition of mobbing, so for more than 20 years courts had to clarify what counts as harassment and what does not. That situation is changing: the Labour Code gains a new, far more detailed definition of mobbing, a catalogue of manifestations, an explicit exclusion of incidental behaviour, and a hard minimum level of damages. There is also a deadline: the internal rules have to be adapted within 6 months of the amendments taking effect.

For an employer this is not merely a theoretical issue. In 2025 psychosocial hazards, including mobbing, were the subject of almost 4,000 complaints to the State Labour Inspectorate (PIP), and mobbing alone was reported more than 2,600 times (PIP 2025 report). Each such complaint can end in an inspection, and a finding of violating art. 94³ of the Labour Code exposes the employer to an inspector's recommendation or order. The new rules raise the stakes: once the amendment takes effect, an employee who suffered mobbing will be able to claim damages of no less than six times the minimum wage, i.e. at least PLN 28,836 at the 2026 rate of PLN 4,806 (Council of Ministers regulation of 11 September 2025, Journal of Laws 2025, item 1242).

What changes from 5 November 2026

The changes come from the act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure (Journal of Laws 2026, item 1046). The act enters into force 3 months after publication, i.e. on 5 November 2026. It is broader than mobbing alone - it also tidies up the definitions of discrimination and harassment and regulates court claims - but its most practical part concerns employer duties around mobbing and internal documentation. Let us look at what exactly changes.

Responsibility for counteracting mobbing concerns the employer as well as persons managing employees. In practice little changes here: violating art. 94³ of the Labour Code was and remains an offence carrying a fine from PLN 2,000 to PLN 60,000 (in force since 8 July 2026; art. 283 § 2 of the Labour Code as amended, Journal of Laws 2026, item 473). What does change is that the definition of mobbing becomes unambiguous: it will no longer be possible to argue that the harassment was "a one-off episode" or that "it was just a strict performance review".

The new definition of mobbing and its consequences

The new wording of art. 94³ § 2 of the Labour Code defines mobbing as behaviour consisting in persistent harassment of an employee. Persistence is built into the provision: harassment is persistent when it is recurrent, repeated or constant (§ 3). The provision also contains an explicit exclusion: incidental behaviour, even if it violates the employee's personal rights, is not mobbing. This distinction matters - a single episode of aggression may ground claims under the Civil Code, but it does not constitute mobbing within the meaning of the Labour Code.

The new definition no longer requires the harassment to be "long-term" and to produce specific effects, such as lowering the employee's professional fitness assessment. This simplifies matters: less emphasis on proving consequences, more weight on the very character of the behaviour. Whether specific behaviour was persistent is assessed by the court individually, taking into account the circumstances of the particular case.

A catalogue of mobbing manifestations

The new art. 94³ § 4 of the Labour Code lists in particular such groups of behaviour that may constitute mobbing when they take the form of persistent harassment:

  • humiliating, demeaning and intimidating,
  • undervaluing professional fitness,
  • unjustified criticism and ridicule,
  • obstructing work, communication and access to information,
  • isolating an employee or excluding them from the team.

This is not a closed catalogue. The provision speaks of manifestations "in particular", so a court may recognise other behaviour of a similar character as mobbing. Mobbing behaviour can be made up of physical, verbal and non-verbal elements - covering not only insults but also ignoring messages, ostentatious silence or deliberate exclusion from meetings.

Who can be a perpetrator of mobbing

The new rules extend the definition of mobbing to behaviour coming not only from the employer or a supervisor. Mobbing also includes ordering other persons to engage in mobbing behaviour towards an employee or encouraging it. Importantly, the concept also covers behaviour towards an employee even if its purpose was not persistent harassment (art. 94³ § 7 of the Labour Code as amended), as well as behaviour coming from a person at an equivalent level, from a subordinate or another employee, and from a group of persons.

The anti-mobbing policy duty for employers with 10 or more employees

An employer employing at least 10 employees must set out in the work regulations or in a separate policy referred to in art. 94³a of the Labour Code the rules, procedures and frequency of actions in three areas: counteracting violations of the employee's dignity and other personal rights, counteracting discrimination and violations of the principle of equal treatment, and counteracting mobbing. The duty to issue a separate policy does not apply where the rules in these areas are already set out in a collective bargaining agreement or in the work regulations.

This is a practical requirement, not only a formal one. The deadline for adapting the work regulations to the new requirements, or for issuing a separate policy, is 6 months from 5 November 2026, i.e. it expires on 5 May 2027 (art. 4 of the act of 19 June 2026). From the day the amendment takes effect, the new provisions also apply to behaviour that began earlier and continued after that date - a company cannot argue that the mobbing started "under the old rules".

Agreeing the content of the policy with the in-house trade union organisation is required as a rule. If several trade union organisations operate in the company, the employer agrees the content with each of them; if no agreement is reached within 30 days, the employer sets the content unilaterally, taking the course of negotiations into account. In companies without trade unions, the employer agrees the content with employee representatives selected in the manner adopted at the workplace. In practice this means that preparing the policy deserves several weeks, not the last minute.

Employer duties that apply right now

Regardless of the deadlines, a general rule applies: the employer must counteract mobbing systematically, in particular through preventive and remedial actions, detecting such behaviour and reacting to it properly, as well as supporting persons affected by it (art. 94³ § 1 of the Labour Code as amended). The employer selects the measures independently - the labour inspector has no power to oblige an employer to apply specific instruments, but may assess the effectiveness of the actions taken and issue a recommendation or an order to remove the violations (art. 11 point 8 of the Act on the State Labour Inspectorate, Journal of Laws 2024, item 1712).

Practical steps worth planning:

  1. Read the new wording of art. 94³ and art. 94³a of the Labour Code in the consolidated text (Journal of Laws 2026, item 1245, as amended) and establish which duties apply to your company.
  2. Check how many people you employ and whether the policy requirement (from 10 employees) applies to you - remember that the headcount at the moment the amendment takes effect is what counts.
  3. Prepare a draft of the rules, procedures and frequency of anti-mobbing actions - include the catalogue of manifestations from art. 94³ § 4, reporting rules, the procedure for assessing reports and forms of support.
  4. Secure the required approval process: with the in-house trade union organisation or with employee representatives selected in the manner adopted in the company.
  5. Meet the deadline: by 5 May 2027 adapt the work regulations or issue a separate policy.
  6. Train the management team, because supervisors should recognise early signals of harassment, and inform employees about the new reporting procedure.

Once the amendment takes effect, an employee who suffered mobbing may claim damages of no less than six times the minimum wage or compensation from the employer (art. 94³ § 11 of the Labour Code as amended). At the 2026 minimum wage of PLN 4,806 this means at least PLN 28,836. An employer who paid the compensation has the right to seek reimbursement from the person from whom the mobbing behaviour originated, proportionately to their fault (art. 94³ § 12 of the Labour Code). The legislator also regulated the evidentiary issue: in proceedings concerning a violation of the equal treatment principle, the employee proves the violation is probable, and the employer must demonstrate that it did not occur (art. 18³f of the Labour Code as amended).

Introducing rules for counteracting violations of dignity, discrimination and mobbing is a formal requirement: an employer employing at least 10 employees who has so far not issued work regulations may include these rules in the work regulations referred to in art. 104¹ § 1 point 10 of the Labour Code.

A repeated violation of the equal treatment principle grounds the right to damages of no less than three times the minimum wage, and in case of multiple violations the court assesses the extent of harm individually (art. 18³d of the Labour Code as amended).

Employees may also pursue protection of personal rights under the Civil Code - including demanding cessation of the violation, removal of its effects and compensation (art. 23 and 24 of the Civil Code, Journal of Laws 2026, item 795), and in case of health impairment - redress of the damage and damages (art. 444 and 445 of the Civil Code). Employment claims become time-barred after 3 years (art. 291 § 1 of the Labour Code).

Frequently asked questions

Does mobbing always mean persistent harassment?

Yes, after the amendment the very concept of mobbing rests on the persistence of harassment. The provision defines persistence as behaviour that is recurrent, repeated or constant. Incidental behaviour, even if it violates the employee's dignity, is not mobbing - it may ground claims under the general rules of the Civil Code, but not under art. 94³ of the Labour Code.

Can criticism of work performance be mobbing?

No, if it is justified and expressed in a proper form. The amendment explicitly excludes from the concept of mobbing justified accountability for assigned work and its criticism. The boundary is fluid - the problem begins when criticism is unjustified, repeated, public and combined with other behaviour, such as isolating the employee.

Can a coworker, not a supervisor, be a perpetrator?

Yes. The amendment provides that mobbing behaviour may come from various persons: the employer, a supervisor, a person at an equivalent level, a subordinate, another employee, as well as from persons working on grounds other than an employment relationship - from a single person or from a group (art. 94³ § 8 of the Labour Code).

What are the consequences of failing to act against mobbing?

A finding by the labour inspector that art. 94³ of the Labour Code is violated results in a recommendation or an order to remove the violations (art. 11 point 8 of the Act on the State Labour Inspectorate). For violating labour law provisions, the employer or a person acting on their behalf bears responsibility for an offence, and the fine can reach PLN 60,000 (art. 283 § 2 of the Labour Code). The employee may also claim damages of at least PLN 28,836 at the 2026 minimum wage, or compensation.

What about mobbing that started before 5 November 2026?

The new provisions apply to behaviour consisting in persistent harassment that began before the amendment takes effect and continued after that date (art. 3 of the act of 19 June 2026). The transition to the new rules is therefore seamless - a company cannot count on "old mobbing" being assessed entirely under the previous provisions.

Summary and next steps

  • From 5 November 2026 a new definition of mobbing applies: persistent harassment that is recurrent, repeated or constant, with an explicit exclusion of incidental behaviour.
  • Employers with at least 10 employees must, by 5 May 2027, adapt the work regulations or issue a separate policy with rules, procedures and frequency of actions in three areas: dignity protection, equal treatment and counteracting mobbing.
  • Damages for mobbing will be no less than six times the minimum wage, i.e. at least PLN 28,836 at the 2026 minimum wage.

If you want to implement the required procedures in your company or make sure your documents meet the new requirements, see our OHS and employment law outsourcing offer: health and safety outsourcing or contact us.

Sources

Legal status: October 2026. This publication is informational and does not replace legal advice.

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