Legal basis: Act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure (Journal of Laws 2026, item 1046). The Act was published on 4 August 2026 and takes effect on 5 November 2026.
What changes
1. A new definition of mobbing (Art. 94³ of the Labour Code). Mobbing now means persistent harassment of an employee. “Persistent” covers conduct that is repeated, recurring or continuous. The Act gives an open list of examples: humiliation, intimidation, belittling professional competence, unjustified criticism, obstructing work and isolation.
The definition no longer includes conditions that used to make mobbing hard to prove:
- the requirement that harassment be long-lasting;
- proof that the employee suffered a health disorder;
- proof of intent to humiliate or isolate the employee.
A single isolated incident is not mobbing. Justified criticism delivered in an appropriate form, setting targets, performance appraisals and performance improvement plans (PIPs) are not mobbing either. Mobbing may be committed by supervisors, colleagues, subordinates and third parties such as contractors. Instigating or encouraging mobbing also falls within the definition.
2. Minimum compensation is linked to the minimum wage:
| Breach | Minimum | 2026 |
|---|---|---|
| Mobbing (compensation for harm) | 6 × minimum wage | PLN 28,836 |
| Breach of equal treatment | 1 × minimum wage | PLN 4,806 |
| Repeated breach of equal treatment | 3 × minimum wage | PLN 14,418 |
| Retaliation for exercising employee rights | 1 × minimum wage | PLN 4,806 |
These are minimum amounts, and courts may award more. Financial loss can be claimed separately. The amounts will rise when the minimum wage increases on 1 January 2027. The employer pays the compensation even when another employee committed the mobbing. The employer may then recover the payment from the perpetrator in proportion to that person’s fault. Employees are exempt from court fees.
3. A new duty for all employers. Every employer must systematically counteract unequal treatment, discrimination and mobbing. This covers prevention, detecting breaches, responding promptly, taking corrective action and supporting those affected. In practice, records of these measures will be the employer’s main evidence in court.
4. Written rules for employers with 10 or more employees (Art. 94³a of the Labour Code). The rules, procedures and frequency of anti-mobbing measures must be set out in the work regulations (regulamin pracy) or in separate regulations. Their content must be agreed with the company trade union or, if there is none, with employee representatives. If no agreement is reached within 30 days, the employer may adopt the document on its own. Deadline: 5 May 2027.
5. Discrimination and protection against retaliation. The Act introduces discrimination by assumption (wrongly attributing a protected characteristic to an employee) and discrimination by association (less favourable treatment because of a connection with another person). It also prohibits retaliation against employees who report a breach and against people who support them.
6. Transitional provisions. The new rules apply to harassment that began before 5 November 2026 and continues after that date. Court proceedings started before 5 November 2026 continue under the previous procedural rules. The 5 May 2027 deadline does not delay employee claims: from 5 November, courts will apply the new definition whether or not the employer has adopted written rules.
What this means for business
Employees will find it easier to prove mobbing, because they no longer need to show a health disorder or long-lasting harassment. Minimum compensation is now set by statute. Employers should therefore expect more claims, especially around dismissals and disputes over performance reviews. Without documented prevention measures, employers will find it hard to defend themselves in court.
Recommendations
- Review the current work regulations, anti-mobbing procedures, codes of conduct and whistleblowing procedures. Remove references to the old definition of mobbing and its five conditions.
- Brief line managers on where demanding management ends and mobbing begins. Keep attendance records of the training.
- Start documenting every employee report and the response to it: timelines, committee composition and measures taken.
- Review ongoing conflicts and disputes that will continue after 5 November, because the new rules will apply to them.
- Choose the form of the document: amended work regulations or separate regulations. International groups may find separate bilingual regulations easier to maintain.
- Draft the procedure: reporting channels, investigation steps, composition and independence of the committee, timelines, and protection for the reporting person and witnesses. Extend it to contractors and temporary staff.
- Start consulting the trade union or employee representatives early, allowing for the 30-day agreement period.
- Have all employees confirm in writing that they have read the document, and train all staff.
- Review performance appraisal and dismissal processes for the risk of mobbing or retaliation claims.
REVERA can audit your HR documentation, draft anti-mobbing regulations and run training for managers.
