| 20 May, 2026

A revolution in combatting mobbing and discrimination

A new definition of mobbing and a broadened concept of discrimination are just some of the changes included in the government's draft amendment to the Labour Code, which was submitted to the Parliament in February 2026. The proposed provisions of law significantly extend the protection of employees and impose new and specific obligations on businesses in their capacity as employers regarding the shaping of workplace culture. Please find below a summary of the proposed changes.

1. New definitions: What is changing?

The draft introduces more precise and broader definitions of undesirable phenomena:

Discrimination: The concept has been broadened to include discrimination by assumption (mistakenly attributing a characteristic to an employee) and discrimination by association (due to an individual's connection with another person). The scope of claims to which an employee is entitled for a breach of the principle of equal treatment in employment (compensation for non-pecuniary loss [zadośćuczynienie] and damages [odszkodowanie]) has been further specified.
Harassment: The definition has been standardised to denote any unwanted conduct which violates an employee's dignity and creates a hostile, degrading, or humiliating atmosphere; such conduct may comprise physical, verbal or non-verbal elements.
Mobbing: The new definition departs from the requirement of 'long-term duration' in favour of persistence, understood as repetitive, recurring, or permanent conduct. The statute sets out examples of conduct that are manifestations of mobbing, while also specifying which type of conduct does not constitute mobbing. It clarifies who may be the perpetrator of mobbing as well as introduces unintentional mobbing (even if the purpose is not to bully the employee).
Protection of personal interests: The prevention of violations of the employee's dignity and other personal interests has been added to the catalogue of the employer's basic obligations, particularly in areas such as health, reputation, status within the team, or professional status.

2. New obligations for employers

According to the proposed amendments, an employer can no longer simply 'declare' the absence of discrimination, unequal treatment, or mobbing. The draft amendment imposes an obligation to actively and continuously counteract undesirable workplace practices. This implies the need for Employers to comply with additional specific obligations such as:

Implementation of effective preventive measures.
Detection of violations in the sphere of equal treatment in employment, discrimination, or mobbing.
Adequate response to established violations.
Taking remedial action.
Provision of support to individuals affected by violations.
Mandatory Rules and Regulations: Employers with at least 9 employees shall be required to establish —whether within the work rules and regulations or in a standalone document—the rules, procedures, and frequency of anti-violence measures. In addition, there is an obligation to agree on the content of these regulations with employee representatives (trade unions or staff representatives).

3. More stringent financial consequences

The proposed amendment introduces substantially higher minimum thresholds for claims brought by affected employees:

MobbingCompensation for non-pecuniary loss in an amount not less than six times the minimum remuneration for work, or damages.
Violation of the principle of equal treatment in employment:Compensation for non-pecuniary loss not less than the minimum remuneration for work, or damages. In the event of repeated violation - compensation for non-pecuniary loss shall be proportionally higher, but in no case less than three times the minimum remuneration for work.
Taking retaliatory action against an employee or any individual who provided support: Compensation for non-pecuniary loss in an amount not less than the minimum remuneration for work.

4. Strengthened protection for the employee in potential litigation and beyond

Reverse burden of proof - is one of the most revolutionary changes introduced by the new provisions of law. As of now, the employee shall only be obliged to credibly establish the allegations raised against the employer. The employer will be required to prove that the violations did not occur.
Extension of the principle to internal corporate procedures - the reverse burden of proof shall apply not only in proceedings before a labour court, but also in internal complaints procedures.

5. When exactly will the provisions of law change?

The draft amendment is currently pending in the Sejm. Once passed by both chambers of Parliament, the draft amendment shall be submitted to the President for signature and subsequently promulgated in the Journal of Laws of the Republic of Poland.
Entry into force: After the lapse of 21 days following its promulgation in the Journal of Laws of the Republic of Poland.
Compliance period: Employers shall be granted a six-month transition period, commencing on the date of entry into force of the amendment, to align existing internal rules and regulations (including work regulations) with the new requirements or to adopt new anti-mobbing and anti-discrimination policies.

What can our law firm offer you?

The amendment sets forth new standards in the approach to the protection of employees' personal interests in the workplace. It compels employers to undertake continuous, proactive and preventive measures.

For employers, regardless of their headcount, this necessitates a substantive change in organisational culture, while for those employing at least 9 employees, it entails the formalisation of procedures within their internal rules and regulations.

Our law firm comprises a team of experienced labour law specialists who provide an ongoing analysis of the legislative process and the practical implications of the amendment.

Within the scope of our support, we offer Employers, in particular:

Comprehensive audit of the forms and methods of counteracting violations
Under the new provisions of law, counteracting mobbing, unequal treatment in employment, and discrimination is required to be a continuous process. An audit extends beyond a mere review of the existing work rules and regulations or anti-mobbing policy. It constitutes a thorough verification of the operational mechanisms in place within the work establishment. Our activities encompass aspects such as:
Review of existing procedures and preventive measures implemented within the organisation to address workplace misconduct - assessing their correctness, effectiveness, or identifying areas that need to be adapted to planned changes in the law.
Adjustment of the methods and forms of counteracting violations to the organization's specific nature – proposal of 'tailor-made' solutions - ranging from those for dynamic 'start-ups', to those for micro or small business entities, and to those for large-scale production plants, taking into account such factors as, inter alia, the size of the organisation, the specific nature of its operations, prevailing work environment.
Identification of areas for improvement – providing a summary of comprehensive preventive measures that extends beyond standard internal rules and regulations, or policy itself.
Goal - to ensure full compliance with the requirement of 'continuous counteraction' as set forth in the proposed draft amendment
Development of essential procedural documentation (crucial for 9+ employers)
With respect to employers with at least nine employees, the draft provides for mandatory procedural measures, such as the establishment of separate rules and regulations for counteracting undesirable workplace phenomena, or regulating these issues in a collective labour agreement or in work rules and regulations. As part of our support, we offer the following:
Support in the creation of comprehensive rules and regulations / policy - in this document, we consolidate the procedures regarding mobbing, unequal treatment in employment, and discrimination, as well as the protection of employees' personal interests. We help implement new procedures 'from scratch'.
Support in adapting existing policies, procedures and rules and regulations - we assist in adapting already existing procedures or mechanisms to the planned and stringent requirements of the new statute.
Educational and awareness-raising programmes in the workplace
To ensure effective and continuous counteracting of undesirable workplace phenomena, it is essential to raise awareness among both employees and executive staff. In this respect, we offer a range of tailored programmes to meet your needs, including:
Training for managersand employees - we clarify all the legal and practical aspects of undesirable workplace phenomena, defining the boundaries of what constitutes such conduct. We also explain the practical meaning of statutory definitions, the implications of the proposed amendments and the respective rights and obligations of the parties; we provide expert guidance on distinguishing between the persistent harassment of an employee and the legitimate enforcement of professional instructions, as well as differentiating between a 'challenging' colleague and a mobber; we enhance awareness regarding the statutory meaning of each concept and the resulting legal implications.
Training for HR - in addition to the elements indicated above, training for HR departments overs guidance on procedural matters, including the implementation of effective and efficient measures to counteract undesirable phenomena in the workplace, providing answers on how to document preventive actions, how to preserve evidence, how to respond, and implement remedial actions (including how to conduct explanatory proceedings), and how to support people whose personal rights have been violated.
Training for Appointed Bodies (Committees / Ombudsmen / Persons of Confidence) - Dedicated workshops providing legal support and practical guidance on conducting explanatory procedures, in accordance with the applicable rules and regulations. The workshops include taking of evidence, formulating final conclusions, receiving complaints and reports, or providing support to whistleblowers.
Ongoing assistance in crisis situations
We offer ongoing assistance in conducting internal investigations and offer support in conflict situations. We facilitate mediation to resolve disputes without the involvement of state authorities and offer comprehensive legal representation in litigation.

Why is it worth taking action now?

The draft amendment only provides for a 6-month time limit to align internal regulations. Given the need to consult the social partners or the workforce, it is advisable to initiate this process in advance.

Feel free to contact us to discuss your needs.

A revolution in combatting mobbing and discrimination

1. New definitions: What is changing?

2. New obligations for employers

3. More stringent financial consequences

4. Strengthened protection for the employee in potential litigation and beyond

5. When exactly will the provisions of law change?

What can our law firm offer you?

Why is it worth taking action now?

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