Poland proposes new law to strengthen employee protection against mobbing

The Polish government has introduced a draft law aimed at enhancing employee protection against workplace mobbing while also safeguarding employers from false accusations. The Ministry of Family, Labour, and Social Policy has sent the proposal for public consultation, signaling a major update to legislation that has remained unchanged for over two decades.

According to Agnieszka Dziemianowicz-Bąk, Minister of Family, Labour, and Social Policy, the proposed amendments are necessary to reflect modern workplace realities. “After 21 years of the current regulations, it is time for changes that are better suited to today’s conditions. The new law aims to provide stronger protection for employees against undesirable behavior at work while ensuring that employers are not subjected to unfounded allegations,” she stated.

A key aspect of the draft law is the simplification of the legal definition of mobbing, focusing on persistent harassment of an employee. The new definition will encompass various forms of harassment, including physical, verbal, and non-verbal behaviors. It clarifies that mobbing must be recurrent or permanent, and excludes incidental or one-off actions from its scope. Additionally, the draft emphasizes that mobbing can originate from various sources, such as supervisors, colleagues, or subordinates, whether acting individually or as a group.

One of the significant elements of the proposal is the introduction of a “rational victim” model, which aims to differentiate between genuine cases of mobbing and subjective perceptions. This approach seeks to ensure fair assessment and to prevent the misuse of mobbing allegations.

The proposed changes also include an increase in the minimum compensation threshold for employees who have suffered harm due to workplace mobbing. The draft mandates that employers establish clear anti-mobbing and anti-discrimination policies, which must be outlined in company regulations or official notices. Employers will be required to implement preventive measures, promptly address reported cases, and offer support to affected employees.

To balance the interests of both employees and employers, the draft law includes provisions that exempt employers from legal liability in cases where mobbing did not originate from the employee’s direct supervisor, provided that the employer had implemented effective preventive measures.

The Ministry emphasized that the proposed legal reforms aim to create a healthier and more productive work environment while ensuring fair treatment for all parties involved. The public consultation process is expected to provide valuable feedback before the legislation is finalized and submitted for parliamentary approval.

Source: ISBnews