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A new definition of mobbing in the Labor Code. Dziemianowicz-Bąk on the draft law on protection against mobbing at work.
Agnieszka Dziemianowicz-Bąk, Minister of Family, Labor, and Social Policy, has presented a draft legislation to the Standing Committee of the Council of Ministers aimed at enhancing protections for employees against mobbing. The proposed regulations aim to simplify and elucidate the definition of this issue.
In her post on X this Monday, Minister Dziemianowicz-Bąk highlighted that the intention behind the new regulations is to simplify the definition of mobbing, clarify its attributes, provide incentives for employers to actively prevent inappropriate behavior at work, and increase compensation for employees who experience mobbing.
– Today I have submitted the draft legislation for evaluation to the Standing Committee of the Council of Ministers – she announced.
A revised definition of mobbing
The draft amendment to the Labor Code developed by the Ministry of Family, Labor, and Social Policy defines mobbing as „persistent harassment of an employee.” Such actions can be physical, verbal, or non-verbal. The proposal specifies that persistent harassment must be repetitive, recurring, or ongoing. It also clarifies that sporadic behavior, even if it infringes on an employee’s personal rights, does not qualify as mobbing.
The draft identifies the manifestations of mobbing as: humiliation or derogatory language, intimidation, underappreciating the employee’s professional capabilities, baseless criticism, belittling or mocking the employee, obstructing their ability to function in the workplace regarding achieving work outcomes, performing professional duties, utilizing competencies, communicating with colleagues, accessing necessary information, and isolating the employee or removing them from the team.
Moreover, instructing or encouraging someone to undertake the aforementioned actions towards an employee will also be deemed as mobbing. Even unintentional acts of such behavior will be classified as mobbing.
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Employees’ Compensation
An employee who has been subjected to mobbing will have the right to claim compensation from their employer in an amount not less than twelve times the minimum wage or compensation. Once the payment is made, the employer will have the right to seek reimbursement from the individual who engaged in the mobbing.
The proposal introduces an exemption from civil liability for employers regarding mobbing towards employees, provided the mobbing did not originate from the employee’s supervisor and the employer has implemented effective anti-mobbing measures. Additionally, the specifics of each individual case will be considered when determining if mobbing has transpired.
Discrimination in the workplace
The bill also clarifies provisions concerning discrimination. The proposal states that it will also encompass scenarios in which an employee, for one or more reasons outlined in the Act, has been, is being, or may be treated less favorably than other employees in comparable situations, „even if that reason is mistakenly attributed to them (discrimination by assumption) or due to their association with someone to whom that reason applies (discrimination by association).”
Instances of discrimination encompass any actions that encourage or instruct another person to violate the principle of equal treatment in employment, as well as any unwelcome conduct intended to violate an employee’s dignity and create an intimidating, hostile, degrading, humiliating, or offensive environment for them. As specified, such conduct can include physical, verbal, or non-verbal elements (harassment).
The right to remedy
According to the draft, an individual whose employer infringes upon the principles of equal treatment in employment and equal pay for equal work or work of equal value will be entitled to compensation of not less than the minimum wage.
An employee who asserts their rights regarding violations of labor law will not face negative repercussions. These regulations also extend to any employee who provides support to a victim in any manner.
Employers will be required to take action against breaches of the principle of equal treatment and mobbing. The measures they must implement include: preventive strategies, detection and response, along with corrective actions and support for affected individuals.
