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 the mobber himself, and to situations in which the mobber is another employee or a person for whom the employer is responsible or a person from outside the organization. Any employee can be a victim of mobbing, regardless of the position held or the function performed in the employer’s structure, because mobbing means action or behavior directed against the employee.
The school principal is, in principle, a qualified or certified teacher employed at the school, who has been entrusted with the position of school principal under art. 62 sec. 1 and art. 62 sec. 1 of the Education Law. In its judgment of 13 February 2024, file reference II PSKP 29/22, the Supreme Court shared the view raised by the complainant that the school principal – if he or she is also its employee (is employed there under an employment contract) – may very well become a victim of mobbing, regardless of the institution of „staffing” (it basically consists in an employee or group of employees engaging in behaviors that are detrimental to the superior in order to eliminate him or her from the company or leave the managerial position, so-called vertical mobbing). In view of the above, if certain actions or behaviors directed against the school principal meet the elements of the definition of mobbing specified in the Labor Code, the school principal may have appropriate claims, such as the right to seek monetary compensation for the harm suffered or compensation (Article 943 § 3 and 4 of the Labor Code).
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