Starting November 5, 2026, a major Labor Code amendment introduces a simplified definition of mobbing, stricter anti-discrimination rules, and a minimum compensation of 28,836 PLN for affected employees. <\/p>\n
Starting November 5, 2026, the rules for employee claims will change. The Labor Code amendment introduces a new definition of mobbing, imposes additional duties on employers, and alters discrimination regulations. In certain cases, the minimum compensation will be at least 28,836 PLN.<\/p>\n
Published in the Journal of Laws on August 4, 2026, the Labor Code amendment changes the definition of mobbing, outlines examples of unacceptable behavior, and raises the minimum compensation for victims of mobbing. The new provisions will enter into force on November 5, 2026.<\/p>\n
One of the most important changes is the simplification of the mobbing definition. According to the new Article 94\u00b3 of the Labor Code, mobbing will mean behavior consisting of persistent harassment of an employee. This change marks a departure from the current model, where the employee must prove, among other things, the lowering of their professional usefulness assessment, humiliation, ridicule, isolation from the team, or specific health consequences. After the changes, the key will be establishing whether persistent harassment occurred. The law indicates this refers to repetitive, recurring, or continuous behaviors.<\/p>\n
The new regulations state that mobbing behaviors can originate from the employer, supervisor, a peer, subordinate, another employee, or a person performing work on a basis other than an employment relationship. It does not matter whether a single person or a group of persons acts. Furthermore, it will not be necessary to prove that the perpetrator acted intentionally or that the consequences required by the previous definition of mobbing occurred. At the same time, the regulations explicitly state that single, incidental behaviors will not be considered mobbing, even if they violate the personal rights of the employee.<\/p>\n
Following the changes, the employer will have the obligation to systematically counteract mobbing. This will include preventative measures, the detection of mobbing cases, proper response, corrective actions, and support for individuals affected by mobbing. Similar obligations will be introduced regarding the prevention of discrimination and unequal treatment.<\/p>\n
Employers hiring a minimum of 10 employees will have to determine the rules, procedures, and frequency of actions concerning these issues. If such rules are not included in the collective labor agreement or work regulations, the employer will have to introduce separate regulations.<\/p>\n
After the changes, an employee who has experienced mobbing will be able to claim compensation from the employer in an amount not lower than six times the minimum wage. This amount may be higher if the minimum wage increases by the time of the ruling. With the current minimum wage of 4,806 PLN, this means at least 28,836 PLN. The employee will still be able to claim damages as well.<\/p>\n
A novelty is also the possibility for the employer to demand the return of paid money from the person from whom the mobbing behaviors originated. The amount of the claim will depend on the degree of fault of that person and the employer.<\/p>\n
Changes will also cover regulations regarding discrimination. The Labor Code will explicitly point out two new types of discrimination. Discrimination by assumption occurs when an employee is treated worse due to a characteristic incorrectly attributed to them. Discrimination by association will concern situations where unequal treatment results from the employee’s association with another person possessing a specific characteristic.<\/p>\n
The amendment also clarifies the concept of multiple discrimination. This will be the repeated violation of the principle of equal treatment for the same reason, for different reasons, or a single violation resulting from multiple reasons simultaneously.<\/p>\n
The amendment also changes the rules for conducting judicial proceedings. In cases concerning the violation of the principle of equal treatment, the employee will only need to make the fact of the violation probable. If they do so, the burden of proving that no violation occurred will rest on the employer.<\/p>\n
The new regulations also apply to ongoing cases of mobbing that began before November 5, 2026, but continued past that date. Judicial proceedings initiated and not concluded before the law enters into force will be subject to previous regulations.<\/p>\n","protected":false},"excerpt":{"rendered":"
Starting November 5, 2026, a major Labor Code amendment introduces a simplified definition of mobbing, stricter anti-discrimination rules, and a minimum compensation of 28,836 PLN for affected employees. New Labor Code Regulations Take Effect Starting November 5, 2026, the rules for employee claims will change. The Labor Code amendment introduces a new definition of mobbing, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-19001","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/19001","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=19001"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/19001\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=19001"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=19001"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=19001"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}