Work on a new definition of mobbing is underway at the Ministry of Family, Labor and Social Policy. According to the ministry, the current definition requires revision and adaptation to contemporary realities to provide better protection for victims of mobbing.
The current definition of mobbing
According to the current wording of Article 94(3) § 2 of the Labour Code, mobbing means "actions or behaviours concerning an employee or directed against an employee, consisting in persistent and long-term harassment or intimidation of the employee, resulting in a lowered assessment of his/her professional suitability, causing or aimed at humiliating or ridiculing the employee, isolating him/her or eliminating him/her from the team of colleagues."
The range of actions that can be considered mobbing is, in practice, very broad—from telling anecdotes and jokes about a target to physical aggression. The tools used by mobbers include harassment, deception, trickery, intrigue, slander, and sadistic behavior. Their common denominator is the violation of principles of social coexistence and good manners, as well as the intention to harm the victim.
Need to change the definition
In its current form, the definition includes several elements that must be present together for a given behavior to be considered mobbing. This makes it difficult for victims of this behavior to pursue their rights in court. Furthermore, the ministry emphasizes the need to standardize case law, ensuring consistency across courts in mobbing cases.
What changes to the definition does the project assume?
The draft new definition of mobbing assumes that the primary characteristic of mobbing will be persistent harassment of an employee. According to the ministry's proposal, the definition of mobbing should be independent of the perpetrator's intentionality and the necessity of specific consequences.
What else does the project involve?
As announced by the Ministry, the project envisages key changes, in particular in the following areas:
- Defining the principles of counteracting mobbing and discrimination in work regulations.
- Imposing on employers the obligation to take preventive measures, detect and respond to mobbing and support victims of mobbing.
- Exemption from the employer’s civil liability if the mobbing did not originate from the employee’s supervisor and appropriate preventive measures were implemented.
- Establishing a minimum threshold for compensation for mobbing, amounting to six monthly salaries.
The above changes may have a significant impact on facilitating proceedings and providing much greater protection to victims of mobbing.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 19, 2024
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