Work has been underway for some time on another amendment to the Labor Code, this time to clarify the definition of mobbing. The justification for the bill highlights the shortcomings of the current regulations, which do not cover all undesirable phenomena occurring in the workplace.
The proposed changes largely incorporate the case law of common courts and the Supreme Court into the Labor Code. It was through court proceedings that the existing, very general definition of mobbing, whose brevity led to interpretational misunderstandings, was clarified and clarified. This resulted in both frequent misuse of the concept by employees and insufficient awareness among employers of the nature of this phenomenon. Consequently, preventive measures taken at the workplace level too often proved ineffective.
Mobbing in regulations or notices
The legislator recognized the need to introduce appropriate provisions on counteracting mobbing into the work regulations (and in the absence thereof – into the announcement).
The introduction of the obligation to specify in work regulations (or – in the case of employers not obliged to establish such regulations – in a notice) the principles, procedures and frequency of activities in the field of counteracting violations of dignity and other personal rights of employees, as well as the principles of equal treatment in employment, counteracting discrimination and mobbing, is aimed at strengthening prevention and ensuring the transparency of standards applicable in the workplace.
Work regulations are a source of labor law, thus shaping the rights and obligations of employees related to their work. Incorporating rules to prevent violations of employee rights serves a safeguarding function: firstly, for the employer, who gains the ability to enforce the adopted regulations as employee obligations, and secondly, for employees, who gain confidence in their rights and protective procedures. Furthermore, this solution strengthens social dialogue, as the adopted preventive principles and their frequency are intended to be the result of cooperation between the employer and employee representatives. At the same time, according to case law, in the event of an unjustified and disabling lack of cooperation on the part of the social partners, the employer may independently amend the regulations, thus ensuring the possibility of establishing preventive rules in such situations as well.
It should be emphasized that if labor law imposes on an employer not obligated to establish work regulations the obligation to regulate a specific workplace matter, then – similarly to Article 150 § 1 of the Labor Code – it does so by requiring the issuance of a notice. Therefore, the introduction of this solution constitutes a systemic and coherent action within the framework of the applicable labor law model.
The project is currently being reviewed by the Standing Committee of the Council of Ministers, and its final shape is not yet known.
We will keep you updated on further progress on the project.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of December 10, 2025.
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