Soon, on November 5, 2026, regulations significantly amending the rules for combating mobbing and discrimination in the workplace will come into force. The new regulations not only redefine mobbing but, above all, impose more specific obligations on employers to prevent undesirable behavior and respond to employee reports.
A new definition of mobbing
Mobbing is defined as persistent harassment of an employee, meaning behavior that is repetitive, recurring, or ongoing. It may involve, among other things, humiliation, ridicule, intimidation, unjustified criticism, questioning professional suitability, hindering the performance of duties, or isolating the employee from the team.
Importantly, to establish mobbing, it will not be necessary to prove that the perpetrator acted with the intent to harass. The nature of the behavior and its impact on the employee will be assessed primarily.
However, not every negative incident in the workplace constitutes mobbing. Incidental behavior, justified and appropriately expressed criticism of an employee's work, or holding an employee accountable for their duties will not constitute mobbing.
The employer will have to actively counteract mobbing
The new regulations place greater emphasis on systematic employer action. This should include preventing mobbing and discrimination, detecting misconduct, responding appropriately to reports, and taking corrective action and providing support to those affected.
In practice, simply having an anti-mobbing procedure in place may not be sufficient. Effective implementation will also be crucial, including appropriate handling of reports and preparing management and HR staff to respond to undesirable behavior.
Mandatory procedures for 10 employees
Employers employing at least 10 employees will be obliged to establish rules and procedures for counteracting mobbing, discrimination, unequal treatment and violations of dignity and other personal rights of employees.
These regulations may be included in work regulations, collective bargaining agreements, or separate regulations. Their content will require consultation with trade unions, and in the absence thereof, with employee representatives.
Greater financial risk for the employer
The rules on financial liability will also change. In cases of mobbing, an employee will be able to seek compensation of no less than six times the minimum wage, as well as compensation for the damage suffered.
Claims will also be available for violations of the principle of equal treatment. Importantly, even a single violation will constitute grounds for an employee to pursue benefits.
The procedural changes are intended to further facilitate employee claims. If the circumstances established during the proceedings substantiate the employer's liability on a basis other than that indicated by the employee, an incorrect legal classification of the claim will not automatically lead to dismissal of the claim.
How to prepare an organization?
Before the new regulations come into force, employers should first of all verify the existing anti-mobbing and anti-discrimination procedures and how they are actually applied.
The new regulations mean that counteracting mobbing is no longer just a matter of having an appropriate internal policy. Employers should be prepared to demonstrate that the adopted solutions are actually working within the organization.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of August 14, 2026.
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