Legal guide

WARNING !!! automatic translation from Polish

What is mobbing?

Polish labor law clearly regulates the issues of mobbing and discrimination. The introduction of these regulations was closely linked to the process of adapting Polish legislation to EU law. Polish regulations contain definitions and mechanisms for direct and indirect discrimination, harassment, sexual harassment, and mobbing. There is a principle of reversal of the burden of proof in cases of unequal treatment (discrimination). Furthermore, the regulations prohibit retaliatory actions against individuals pursuing their rights due to mobbing and discrimination.

Mobbing is often confused with discrimination. It is important to remember that discrimination is unequal treatment based on a specific criterion protected by law (e.g., gender, age, health condition), while mobbing involves persistent and prolonged harassment, which may or may not be related to a discriminatory criterion.

For employers, the main challenge is effectively implementing the statutory obligation to counteract all forms of discrimination and mobbing, introducing internal anti-discrimination and anti-mobbing procedures, training, and establishing a complaint procedure.

Mobbing

Mobbing is a form of psychological violence involving persistent and prolonged harassment or intimidation of an employee. It is a repetitive process, lasting many months (doctrine usually indicates a minimum of six months), whose purpose or effect is to humiliate, ridicule, isolate, or eliminate the employee from their team of colleagues. It is also crucial that these actions lead to the employee’s lowered assessment of their professional suitability. Unlike ordinary conflict, mobbing is characterized by the victim’s vulnerability to the perpetrator (mobber).

mobbing

Discrimination

The principle of non-discrimination in employment is one of the guiding principles of Polish labor law, guaranteed by the Labor Code. Its purpose is to ensure equal treatment of all employees at every stage of their career:

Establishing and terminating an employment relationship.
Employment conditions (including remuneration).
Promotion and access to training to improve qualifications.

discriminattion

Sexual harassment

It is legally recognized as a specific form of employment discrimination, always linked to the employee’s gender. It is defined as any unwelcome conduct of a sexual nature (including verbal, non-verbal, or physical elements) that has the purpose or effect of violating an employee’s personal dignity and creating a humiliating or intimidating environment.

sexual harassment

Compensation and penalties for mobbing and sexual harassment

A violation of the prohibition of discrimination (including sexual harassment) or the occurrence of mobbing entitles the injured employee to seek compensation and damages in court.

compensation

Amicable settlement of disputes, inspections of the National Labor Inspectorate, court cases

One of the fundamental principles of civil law is the pursuit of an amicable settlement of a dispute. Therefore, employees and employers should attempt to resolve the conflict amicably. It is also possible to reach a settlement before a mediator; once approved by the court, it acquires the legal force of a court settlement.

The National Labor Inspectorate (PIP) conducts supervisory and inspection activities to combat discrimination in employment. It provides legal assistance to employees. A labor inspector may act as an employee’s representative in labor law matters, including those related to discrimination.

settlement of disputes

Information for employers

The Labor Code imposes on employers a statutory obligation to actively counteract all forms of discrimination and mobbing in the workplace. The most effective way to fulfill this requirement is to implement an internal company document (such as work regulations or a separate procedure). Such regulations must clearly define the equal treatment policy and constitute a key preventive element.

for employers