Employers are obligated to counteract mobbing, and this obligation stems directly from Article 94 3 §1 of the Labor Code. Mobbing refers to actions or behaviors concerning or directed against an employee, consisting of persistent and prolonged harassment or intimidation of the employee, leading to a lowered assessment of their professional suitability, causing or intended to humiliate or ridicule the employee, isolating them, or eliminating them from their team of colleagues.
The employer's responsibility is to refrain from engaging in behaviors that constitute mobbing, to maintain a healthy work environment, and to implement preventative procedures. This requires ongoing monitoring of potential threats to the workplace and promptly responding to any potential threats.
The Supreme Court also expressed its position on this matter in case file reference I PK 35/11, where it stated that the obligation to counteract mobbing relies on diligent action. Therefore, employers should counteract mobbing, in particular, by training employees, informing them about the dangers and consequences of mobbing, and implementing procedures that will enable the detection and termination of this phenomenon. If, in proceedings concerning employer liability for mobbing, the employer demonstrates that it has taken effective measures to counteract mobbing and, through an objective assessment, their potential effectiveness can be confirmed, the employer may be released from liability.
The consequences for employers indicated under Article 94 § 3 of the Labor Code, contained in paragraphs 3 and 4, are primarily financial, related to the possibility of seeking compensation or damages, and also factual, related to reduced productivity and health of affected employees. An employer is also exposed to negative consequences if they tolerate mobbing, under the strict liability principle provided for in Article 430 of the Civil Code.
While the Labor Code does not provide ready-made solutions, in practice, one of the basic, commonly adopted measures is the development and implementation of anti-mobbing regulations, the preparation of information for employees, and the conduct of training. Only such actions and procedures, contained in a separate document or within the employer's existing work regulations, will enable appropriate action to be taken in a specific situation. Developed and implemented rules can also reduce the scope of employer liability, or in certain situations, even exclude it, based on demonstrating due diligence.
An analysis of court decisions shows that employees often confuse mobbing with one-off acts of violence, conflicts with superiors, negative performance appraisals, and issuing and enforcing instructions. Communicating a clear message to employees can help avoid future misunderstandings and encourage them to resolve underlying conflicts based on implemented procedures.
If information is received about potential negative behaviors that may constitute mobbing, it is recommended to conduct anonymous surveys to identify potential violations and illegal activities. In practice, a common form of anti-mobbing action is the ad hoc meeting of a committee tasked with thoroughly investigating the facts and assessing negative behavior in the workplace. Generally accepted practices and organizational regulations can serve as guidelines for its operation. It is also essential to ensure its impartiality. The committee can present its proposals for resolving the dispute and specific solutions the employer should implement. However, if the reported incidents do not constitute mobbing, but merely an employer-employee or employee-employee conflict, the committee may conduct mediation and conciliatory proceedings to clarify the situation.
The measures taken by an employer can impact the company's operational efficiency, its image within the industry, and the labor market. Therefore, they are multifaceted and protect the company from the risk of potential employee claims. In each case, these solutions must be appropriate, taking into account the specific nature of the employer's business, and, above all, enable an immediate response to any situations that may constitute mobbing.
This alert is for informational purposes only and does not constitute legal advice.
