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Workplace mobbing

Workplace mobbing refers to conduct involving the persistent harassment of an employee. The employer is required to systematically counteract workplace mobbing.

The employer is required to systematically counteract workplace mobbing, in particular through:

•             preventive measures,

•             detecting mobbing,

•             responding appropriately to mobbing,

•             remedial actions,

•             support for individuals affected by mobbing.

Harassment is persistent if it is repetitive, recurring, or continuous.

Isolated acts do not constitute workplace mobbing, even if they violate an employee's personal rights.

Manifestations of mobbing include, in particular:

1.           humiliation,

2.           demeaning treatment,

3.           intimidation,

4.           undervaluing an employee's professional aptitude,

5.           unjustified criticism, belittling, or ridiculing of an employee,

6.           hindering an employee's functioning in the work environment regarding the ability to achieve work results, perform duties, utilize existing skills, communicate with colleagues, or access necessary information,

7.           isolating an employee or excluding them from the team

– provided these actions take the form of persistent harassment.

These behaviors may occur individually or in combination and may be physical, verbal, or non-verbal in nature.

Ordering or encouraging such behaviors towards an employee is also considered workplace mobbing.

A finding of workplace mobbing does not require that the persistent harassment be the specific aim of these behaviors.

The person engaging in workplace mobbing need not be the employer; it could be a supervisor, a peer, a subordinate, another employee, or an individual performing work under an arrangement other than an employment relationship. Workplace mobbing may be perpetrated by individuals or by groups of people.

Conduct towards an employee that is justified and expressed in an appropriate manner—specifically, holding the employee accountable for assigned work or criticizing that work—cannot be classified as workplace mobbing.

Determining whether workplace mobbing has occurred requires an individualized assessment that takes into account the specific circumstances of the case, regarding both the nature of the conduct towards the employee and the employee's own situation.

An employee who has been subjected to workplace mobbing is entitled to claim the following from the employer:

•             compensation for non-pecuniary loss in an amount of no less than six times the minimum wage, determined on the basis of separate regulations, or

•             compensation for pecuniary loss.

As of January 1, 2026, the minimum wage for work is PLN 4,806 (PLN 4950 as of January 1, 2027).

The regulations establish only a minimum limit for compensation, meaning that the court cannot award less but may award an amount higher than six times the minimum wage set for the given calendar year.

An employer who has paid an employee compensation for mobbing has the right to seek reimbursement for the loss incurred from the person responsible for the mobbing conduct, in an amount corresponding to the degree of fault of that person and the employer in causing the loss.

An employer employing at least 10 workers is required to establish rules, procedures, and the frequency of actions regarding:

•             counteracting violations of an employee's dignity and other personal rights,

•             counteracting violations of the principle of equal treatment in employment,

•             counteracting discrimination, and

•             counteracting workplace mobbing,

within internal regulations, unless such rules, procedures, and frequency of actions are already specified in a collective bargaining agreement or work regulations.

The regulations enter into force two weeks after the date on which they are made known to employees in the manner customary for the given employer.

The employer is required to familiarize the employee with the content of the regulations before allowing them to commence work.

Translated with the support of the European Labour Authority

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