On July 2, 2020, a parliamentary bill amending the Labor Code was submitted to the Sejm (lower house of parliament) under the number 463. Following its first reading in the Sejm, the bill has now been referred to the Special Committee for Codification Changes. The bill proposes amending the definition of mobbing by adding a provision that mobbing also includes actions or behaviors directed at or directed against an employee, such as differentiating remuneration based on gender , causing the employee to underestimate their professional suitability, causing or intended to humiliate or ridicule them, isolating them, or eliminating them from their team of colleagues.
According to the drafters' justification, the amendment to the Labor Code stems from the obligations incumbent on state authorities to ensure employee protection, including protection against unlawful or unjustified employer actions and oversight of labor law compliance. As the drafters rightly point out, the Constitution guarantees the protection of values related to work, and gender equality should undoubtedly be considered a paramount value, including in economic life. The Constitution clearly stipulates that women and men have the same right to remuneration for work of equal value. The aim of the amendment is to strengthen state instruments that facilitate equal pay for women and men and improve women's position in the labor market.
It is significant, as the justification states, that in 2018, the Central Statistical Office recorded that the average salary of men was 19.9% higher than the average salary of women. In the opinion of the bill's authors, the changes to the Labor Code outlined above are a response to alarming statistics and will enable the enforcement of the principle of equal pay for women and men for work of equal value.
The changes described above are based on the text of the draft Act of July 2, 2020. The first reading in the Sejm has now taken place, meaning the changes may be modified. We will keep you updated on progress on the bill.
