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According to art. 943 §1 of the Labor Code, the entity solely responsible for counteracting mobbing and for its occurrence is the employer, i.e. an organizational unit, even if it does not have legal personality, as well as a natural person, if they employ employees. This applies both to situations in which the employer is…

According to the Supreme Court, harassment, including sexual harassment, will constitute a violation of the principle of equal treatment in employment when, in addition to the statutory features of this phenomenon specified in Art. 183a § 5 point 2 of the Labor Code and art. 183a § 6 of the Code of Criminal Procedure symptoms…

Pursuant to the judgment of the Supreme Court of January 9, 2024, I PSKP 39/22, determining a violation of the principle of equal rights due to equal performance of the same duties usually requires reference to a specific employee. However, in special situations (justified by work organization or multi-level organizational structure), it is possible to…

Pursuant to the judgment of the Supreme Court of February 22, 2023, I PSKP 8/22, the employer should select management staff and define their competences while respecting the principle of preventing mobbing, instructing employed persons on the need to comply with rules intended to counteract undesirable interpersonal relationships in the workplace and negative effects such…

Mobbing in accordance with its code definition contained in Art. 943 of the Labor Code: „means actions or behavior relating to an employee or directed against an employee, consisting in persistent and long-term harassment or intimidation of an employee, causing him to lower his professional suitability, causing or intended to humiliate or ridicule the employee,…

Mobbing can also be unintentional. This was confirmed by the Supreme Court in its judgment of February 22, 2023 (I PSKP 8/22). According to the Supreme Court, an employer is liable for the effects of mobbing also when the perpetrator acted unintentionally, i.e. did not seek to produce a specific effect (Article 943(2) of the…

In the judgment of April 19, 2023 (II PSKP 72/22), the Supreme Court examined the case of dismissal of an employee due to reaching retirement age. The plaintiff E.Ł. filed a lawsuit with the District Court in Warsaw for reinstatement at the defendant Tax Administration Chamber in Warsaw. According to the plaintiff, the dismissal was…

The Supreme Court in its decision of August 29, 2023 (II PSK 5/23) ruled that in accordance with Art. 183a § 1 of the Code of Criminal Procedure employees should be treated equally in terms of establishing and terminating an employment relationship, terms of employment, promotion and access to training in order to improve professional…

By decision of October 31, 2023, No. 120.MON, the Minister of National Defense established Council for Women’s Military Service as a representative of women soldiers performing professional military service, which is a consultative and advisory body to the Minister of National Defense on matters relating to women’s professional military service. Moreover, the above-mentioned The decision…

The basic function of labor law is to protect the rights and interests of the weaker party in the relationship – the employee. As a result, a number of obligations have been imposed on employers. The wording of Article 94[3] of the Labor Code states that counteracting mobbing is among those mentioned. „Mobbing” can be…