The Labor Code – a new version of changes regarding mobbing 

The new draft amendment to the anti-mobbing regulations, adopted on 17 February 2026 by the Council of Ministers, not only simplifies the definition but is also intended to better protect employers in the event of false accusations. 

The bill, developed by the Ministry of Family, Labour, and Social Policy and adopted by the Council of Ministers on February 17th of this year, introduces changes to regulations designed to combat workplace mobbing. It contains significant corrections to the version previously proposed by the ministry. You can read about the regulations in their previous form here: Fighting mobbing – what changes to the Labour Code is the government proposing? 

From this article you will learn, among other things: 

A new definition of mobbing – it should be simpler and more effective 

According to the new definition, mobbing involves persistent harassment of an employee, and persistence means that the harassment is repetitive, recurring, or constant. The act lists examples of mobbing behaviour: humiliating or insulting behaviour, intimidation, underestimating an employee’s professional suitability, isolating an employee, or eliminating them from a team. 

Mobbing behaviour may come from an employer, a superior, but also from a person in an equivalent position or from a subordinate. 

On the other hand, the regulations indicate what actions are not considered mobbing – justified and properly expressed behaviour towards an employee, in particular work assessment or criticism. 

The legislator also proposed introducing the concepts of discrimination by assumption and by association. Both situations involve an employee being treated worse than others in a comparable situation. 

Discrimination by assumption is based on false beliefs held by others about an employee. It occurs when an employee is mistreated because someone falsely attributes a certain characteristic to them, such as sexual orientation or political views, even if these assumptions are untrue. 

In the case of discrimination by negative association, the attitude of a boss or coworker stems from the employee’s relationship with another person who possesses a legally protected characteristic. An example would be an employee receiving worse working conditions simply because they care for a child with a disability. 

With the new definitions, the regulations make it clear that such behaviour is unacceptable, regardless of whether the perpetrator’s prejudices are based on facts or speculation. 

The new regulations also standardize the definitions of harassment (ordinary) and sexual harassment. Previously, the law defined sexual harassment as physical, verbal, or non-verbal (e.g., gestures). In the case of ordinary harassment, these forms were not as precisely defined, even though both phenomena violate employee rights in remarkably similar ways. 

Thanks to these changes, both forms of harassment will be treated equally in terms of their expression. This means that any undesirable action intended to violate an employee’s dignity, whether sexual in nature or based on other prejudices, will be assessed equally harshly, regardless of whether the perpetrator used physical, verbal, or non-verbal violence. 

How will the new regulations help protect employees and employers from prosecution? 

The new regulations are intended to protect employees but also provide employers with protection against false accusations. The bill requires that policies against mobbing and discrimination be clearly defined in official company documents, such as work regulations or a special notice. This will ensure that every employee knows the rules that apply in their workplace. 

Art. 94 ³ . § 1. The employer is obliged to actively and continuously counteract mobbing by applying, in particular, preventive measures, detecting mobbing and appropriately responding to mobbing, as well as by taking corrective measures and supporting persons affected by mobbing. 

A crucial change is the introduction of a provision that allows employers to avoid financial liability for mobbing in specific circumstances. This will happen when the employer proves they have taken real and effective measures to prevent such situations, and the mobbing itself was not committed by a boss or supervisor, but, for example, by a coworker. In this way, the law will support employers who foster a healthy workplace and actively implement corrective programs and training. 

Moreover, an employer who has paid compensation or damages to an employee for mobbing has the right to claim compensation for the damage suffered from the person who committed the mobbing behaviour. 

What can be the amount of compensation? 

The new regulations specify the financial compensation an employee can claim if their right to equal treatment has been violated. Two types of claims remain in effect. The first is compensation, which should cover specific financial losses suffered by the employee (pecuniary damage). The second is damages, which provide monetary compensation for stress, humiliation, or mental suffering (non-pecuniary damage). 

Importantly, when determining the specific amount due to an employee, the Court will take into account the frequency of the mistreatment. A one-off incident will be assessed differently than a series of violations over a longer period. This mechanism is intended to ensure that penalties for unfair employers are fairer and, at the same time, more severe in cases where discrimination was repeated. 

Compensation – new minimum amount 

The regulations introduce a new minimum amount that must be paid to an employee who has experienced discrimination more than once. In such cases, the minimum compensation limit, which provides victims with fair compensation for the harm they have suffered, is the equivalent of three times the minimum wage. This amount will increase in line with the increase in the statutory minimum wage (PLN 4,806 in 2026), further motivating employers to quickly respond to any concerns within their company. 

Compensation in the event of mobbing 

The new regulations introduce a new lower threshold for compensation for mobbing, which is six times the minimum wage. 

§ 11. An employee who has suffered mobbing has the right to claim compensation from the employer in an amount not lower than six times the minimum wage, determined on the basis of separate provisions, or to claim damages from the employer. 

New regulations and additional obligations for employers 

It is worth noting that the new regulations do not burden employers or entrepreneurs with additional, previously unknown obligations. The law already imposes on every employer the obligation to counteract mobbing and ensure that no one is discriminated against or treated less favourably than others. The planned changes to the Labour Code are intended to supplement and clarify these principles. They specify, among other things, that employers with at least nine employees are required to implement rules for combating unequal treatment in appropriate internal regulations or notices. 

The goal is to transform existing general obligations into specific and effective procedures that will truly protect employees from various forms of unequal treatment, discrimination, and other inappropriate behaviour. The new regulations are therefore a guidepost showing how to create a safe and fair workplace in practice, instead of relying solely on empty provisions. 

When will the new regulations come into force? 

The law is expected to take effect 21 days after its publication. Furthermore, employers will have six months from the date the new regulations come into effect to update their internal regulations. During this time, they must either make appropriate changes to existing work regulations or issue a notice containing legally required information on counteracting mobbing and discrimination. 

Currently, the draft amendments to the Labour Code have been submitted to the Sejm. 

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