Dear Sir or Madam,

with effect from 5 November 2026, new provisions introducing significant amendments regarding the prevention of mobbing in the workplace will enter into force. Set out below are the key aspects of the aforementioned statutory amendment.

1. New definition of mobbing

One of the most significant changes will be the replacement of the current, detailed definition of mobbing with a simpler regulation. Under the new wording of Article 94³ § 2 of the Labour Code, mobbing will be defined as conduct involving the persistent harassment of an employee.

Simultaneously, the legislature specified that the persistence of harassment consists in its repetitive nature, recurrence, or constancy. This means that the current requirement for the long-term duration of conduct will be removed from the definition of mobbing. Nevertheless, isolated acts of conduct, even if violating an employee’s personal rights, shall continue to fall outside the definition of mobbing

The amendment also introduces a non-exhaustive list of conduct that may constitute a manifestation of mobbing. In particular, the following behaviours have been specified in this regard:

• humiliating, demeaning, or intimidating an employee,
• lowering the assessment of an employee’s professional suitability,
• unwarranted criticism, humiliation, or ridicule of an employee,
• hindering functioning in the workplace, including performing tasks, achieving work results, utilising competencies, communicating with colleagues, or accessing necessary information,
• isolating an employee or eliminating them from the team.

The above behaviours may constitute mobbing provided that they take the form of persistent harassment. The mere occurrence of one of the listed behaviours will not therefore automatically constitute mobbing.

Furthermore, the new provisions indicate that mobbing behaviours may be physical, verbal, or non-verbal in nature. Conduct consisting in ordering other persons to take specific actions or encouraging them to do so may also be deemed mobbing.

It is also of key significance that the classification of conduct as mobbing will not depend on whether its purpose was the persistent harassment of the employee. The assessment will be individualised and will consider the totality of the circumstances of the specific case as well as the situation of the employee.

2. Mobbing may also originate from a subordinate or a group of persons

The amendment expressly provides that mobbing behaviours may originate not only from an employer or a superior, but also, inter alia, from a person holding an equivalent position, a subordinate, another employee, or a person performing work on a basis other than an employment relationship, including under a mandate contract, a contract for the provision of services, a contract for specific work, as well as within the framework of business activity (B2B).

Importantly, the perpetrator of mobbing behaviours may be either a single individual or a group of persons.

Simultaneously, the provisions are intended to protect employers against conflating routine, proper employee management with mobbing. Conduct towards an employee shall not be deemed mobbing where it is justified and expressed in an appropriate manner, including, in particular, holding the employee accountable for assigned work or reviewing their performance.

3. New obligations for employers regarding the prevention of mobbing

With effect from 5 November 2026, employers will be obligated to systematically counteract mobbing, in particular through preventive measures, detecting instances of mobbing, responding appropriately, taking remedial action, and supporting individuals affected by mobbing.

The amendment also introduces a specific obligation applicable to employers employing at least 10 employees. They will be required to establish rules, procedures, and the frequency of actions regarding, inter alia, counteracting mobbing, the infringement of dignity and other personal rights of employees, as well as breaches of the principle of equal treatment and non-discrimination. These matters should be set out in an appropriate internal policy, unless they have already been governed by a collective labour agreement or workplace regulations.

In practice, introducing the obligation to take systematic action necessitates verifying whether the employer’s existing anti-mobbing procedures comply with the new requirements, as well as whether they provide not only for the procedure for handling reports, but also for preventive and remedial measures.

Employers will have six months from the date of entry into force of the Act, i.e. until 5 May 2027, to adapt their workplace regulations to the new requirements or to issue an appropriate internal policy.

4. Higher financial compensation for harm caused by mobbing

The rules governing the pursuit of claims in respect of mobbing by employees will also undergo modification. The new Article 94³ § 11 of the Labour Code provides that an employee who has suffered mobbing may claim financial compensation for non-material harm from the employer in an amount not less than six times the statutory minimum wage, or compensation for material damage from the employer. Furthermore, in contrast to the current framework, the entitlement to compensation for non-material harm will no longer be contingent upon establishing that mobbing resulted in a health impairment of the employee.

The amendment also introduces the possibility for an employer to seek compensation for damage incurred from the person from whom the mobbing behaviours originated, to an extent corresponding to the degree of fault of both that person and the employer.

5. Scope of legal support

Considering the statutory amendments, we offer support to employers in aligning their existing anti-mobbing policies with the new requirements. As part of our support, we can, in particular:

• draft or update anti-mobbing procedures, alongside all necessary schedules and template documentation;
•  prepare template forms used for reporting and investigating instances of mobbing;
• draft template documentation regarding the appointment and operation of the anti-mobbing committee, including documents concerning the selection and recusal or disqualification of committee members;
• conduct training sessions for employees and managerial staff following the implementation of the new procedures, covering, in particular, the principles of counteracting mobbing, identifying undesirable behaviours, and responding to reports;

• deliver periodic training and educational initiatives enabling the employer to discharge the obligation to systematically counteract mobbing.

Such a comprehensive approach enables not only the formal alignment of internal documentation with the new regulations, but also the establishment and maintenance of a system of genuine, regular preventive measures corresponding to the employer’s obligations under the Labour Code.

Should you be interested in receiving legal support, please contact our Law Firm.