Workplace bullying (mobbing): new rules from 5 November 2026

From 5 November 2026, the definition of mobbing (workplace bullying) in the Polish Labour Code (Kodeks pracy) changes. You will no longer have to prove that the harassment was long-lasting, had a specific purpose or caused a health disorder. It is enough that it was persistent. Compensation for mobbing will be at least six times the minimum wage, and employers with at least 10 employees must put anti-mobbing rules in writing.

New definition: “persistent harassment”

The new Article 94³ of the Labour Code is short: mobbing means conduct consisting of persistent harassment of an employee. Persistent means repeated, recurring or continuous. A single incident is not mobbing, even if it violates your personal rights — in that case you may have other claims.

The act gives examples of mobbing (the list is open):

• humiliating, degrading, intimidating,
• underrating the employee’s professional suitability,
• unjustified criticism, belittling or ridiculing,
• obstructing work — e.g. cutting you off from information, from colleagues or from tasks that match your skills,
• isolating the employee or pushing them out of the team.

Mobbing can be physical, verbal or non-verbal (gestures, ignoring someone). Ordering or encouraging others to behave this way also counts as mobbing — even if harassment was not the perpetrator’s goal.

Who can be the perpetrator

Not only the boss. Under the new rules, mobbing may come from the employer, a supervisor, a colleague at the same level, a subordinate, another employee, and also from a person working under a civil-law contract such as umowa zlecenia (contract of mandate) — whether one person or a group.

An important caveat: justified criticism expressed in an appropriate form and holding you accountable for your work are not mobbing. The court assesses each case individually.

How much compensation

An employee who has suffered mobbing may claim from the employer compensation for harm (zadośćuczynienie) of no less than six times the minimum wage, or damages. For reference:

• with the minimum wage of PLN 4,806 gross (2026), this is at least PLN 28,836,
• with the minimum wage of PLN 4,950 gross (from 1 January 2027), at least PLN 29,700.

The amount in a specific case is set by the court; the act only sets the lower limit. An employer who pays may then claim reimbursement from the person responsible for the mobbing — in proportion to that person’s fault.

The rules on discrimination also change: compensation for a breach is at least one minimum wage, and for repeated breaches at least three. Protection is added against discrimination “by assumption” (when someone wrongly attributes, e.g., an origin to you) and “by association” (because of a person close to you).

Courts and transitional rules

• Cases concerning mobbing, discrimination and protection of personal rights at work will go to the district court (labour court) regardless of the amount claimed.
• The court will not dismiss a claim just because the employee named the wrong legal ground (e.g. mobbing instead of discrimination) if the facts justify a claim on another ground.
• The new rules will also cover harassment that began before 5 November 2026 and continued after that date.
• Cases started before 5 November 2026 will be handled under the previous procedural rules.

What this means for you

If you are an employee:

• Keep a record: dates, words, witnesses, emails, messages. With “persistent” harassment, repetition matters.
• First report the matter using your employer’s procedure (once it is introduced). You can also contact the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) or a labour court.
• The new rules apply to employees — including foreigners employed under an umowa o pracę (employment contract), also through a temporary work agency.

If you are an employer:

• From 5 November 2026 you must systematically counteract mobbing: prevent, detect, respond, remedy and support those affected.
• With at least 10 employees, set rules and procedures for counteracting mobbing, discrimination and violations of dignity — in the work regulations (regulamin pracy) or in separate regulations. You agree the content with trade unions or, if there are none, with employee representatives.
• You have 6 months from 5 November 2026 to adapt your documents. It is worth starting earlier — the duty to counteract mobbing applies from day one.
• Train your managers: clear, factual criticism is allowed; ridiculing and isolating people is not.

Legal basis: Act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure (Dz.U. 2026 poz. 1046) — Art. 1 (Arts. 18³ᵃ, 18³ᵈ–18³ᵍ, 94, 94³, 94³ᵃ, 104¹ of the Labour Code), Art. 2 (Arts. 47, 461, 477⁶ᵃ of the Code of Civil Procedure), Arts. 3–6; Council of Ministers regulations on the minimum wage (Dz.U. 2025 poz. 1242; Dz.U. 2026 poz. 1213); MRPiPS announcement of 30 July 2026. Legal status as of 28 September 2026.