Changes to workplace bullying legislation – the Sejm has passed the Bill
We have published several articles on our website regarding the proposed changes to the legislation on workplace bullying (mobbing). The most recent, in February 2026, discussed the government’s draft bill, which was submitted to the Sejm (Polish Parliament’s lower house). On 19 June 2026, the Sejm passed the Bill amending the Labour Code and the Civil Procedure Code.
We described the basic intentions of the Bill, such as the definition of workplace bullying, minimum compensation, employer’s liability and the obligation to issue internal regulations, in detail in discussions about its earlier versions. Here, we focus exclusively on the parts that were amended during the passage through parliament.
A systematic approach rather than active and continuous measures
The government’s draft required employers to actively and continuously prevent workplace bullying (Article 943§ 1 of the Labour Code). The Sejm replaced this wording with a single term: ‘systematically’.
The difference is not just a matter of editing. ‘Active’ and ‘continuous’ emphasised the intensity and continuity of actions. Whereas ‘systematic’ requires planning, regularity and internal consistency. In the event of a legal dispute, it will therefore not be sufficient to demonstrate that the employer had taken preventive measures – one will have to show that the firm did so in an organised, documented and repeatable manner.
Regulations now mandatory for ten, rather than nine employees
The government’s draft required employers to issue separate bullying-prevention regulations if having at least nine employees. The Sejm raised this threshold to ten. Therefore, employers with exactly nine employees will no longer be subject to this obligation. Nonetheless, this will not exempt them from the general obligation to systematically prevent workplace bullying – because this applies to every employer, regardless of the size of their workforce.
Recourse against the perpetrator dependent on the degree of the employer’s fault
The government’s draft gave an employer, who had paid compensation for pain and suffering or damages to a victim of workplace bullying, the right to seek reimbursement from the perpetrator for the loss. The provisions did not set any financial limit on such compensation. The Sejm added a significant stipulation to this provision: compensation is payable in an amount corresponding to the degree of fault of that person as well as the employer in causing the harm. Recourse is therefore not full – its level will depend on the extent of the employer’s own contribution to the harm.
Doubts as to the effectiveness of the recourse relate primarily to the solvency of the perpetrator, if the perpetrator is an individual. This uncertainty is now compounded by a further factor: even if the perpetrator has sufficient assets, the court may award the employer only a fraction of the costs it has incurred – depending on an assessment of the extent of the employer’s failure to fulfil its statutory obligations to prevent workplace bullying. On the other hand, the provision has a preventive dimension: an employer with a documented, systematic workplace bullying-prevention system will be able to demonstrate that their own fault in causing the harm was minimal and may even claim the full amount from the perpetrator.
The court will not dismiss a claim due to its incorrect categorisation
The government’s draft contained a provision in Article 943 § 13 of the Labour Code requiring the court to assess, in each case of workplace bullying, whether there had also been a violation of the employee’s personal rights, within the meaning of Article 111 of the Labour Code. The Sejm deleted the above § 13 from the draft and replaced it with a new Article 4776a of the Civil Procedure Code – a solution with a significantly broader scope and farther-reaching procedural consequences.
Under the new provision, in proceedings for compensation for pain and suffering or damages for an infringement of personal rights, a breach of the principle of equal treatment or workplace bullying, the court may not dismiss the claim, if the established facts indicate that the claim is valid on grounds other than those stated by the employee. For example, if an employee incorrectly categorises his or her experiences in the statement of claim (treating as workplace bullying what the court then finds to be an infringement of personal rights or discrimination), the employee will not lose the case on formal grounds. The court will rule on the proper legal basis, even if the employee has stated it incorrectly or not at all.
The difference from § 13 of the government’s draft is fundamental: that provision merely required a court to make an assessment, without any mandatory consequence in the form of an adjudication on a different legal basis. The new Article 4776a of the Civil Procedure Code precludes a dismissal of the claim and requires the court to consider all three grounds together: workplace bullying, breach of the rule of equal treatment and infringement of personal rights.
For employers, this means additional procedural uncertainty: proceedings launched as a workplace bullying case may lead to a judgment based on anti-discrimination legislation, and vice-versa. At the same time, court proceedings brought based on an alleged breach of the above grounds for liability, will require employers to demonstrate that the conditions for the other grounds have not been met – even if the employees have not invoked them. Inevitably, almost as a rule, any case of workplace bullying will automatically also be a case of workplace bullying, unequal treatment and infringement of personal rights.
Extension of the date for entry into force
The previous wording of the draft stated that the Bill would come into force 21 days after its promulgation. The Sejm has extended this to three months. In addition to the six-month deadline for amending work regulations or issuing separate anti-bullying (mobbing) regulations, employers will therefore have as much as nine months from the date of the Bill’s publication to fully implement the new formal requirements. This is significantly longer than provided under the government’s draft.
Further work on the Bill
The Bill is awaiting consideration by the Senate. The Senate session is scheduled for 8 and 9 July 2026. The agenda for those days, available on the Senate’s website, shows that the Bill will be put to a vote during that session.
The history of this Bill has shown that subsequent legislative stages may bring further significant changes to the proposed regulations. We will monitor progress with work and keep you abreast of further developments.
It may, however, be expected that a great number of employers will have to put new internal procedures into place. This is because the main thrust of the amendment has not changed for over a year. The Sejm has amended the details, which, although important, do not significantly affect the overall concept of the planned regulations.
Key changes to the legislation on workplace bullying: a summary
The summary below covers the key provisions of the Bill passed by the Sejm. We have highlighted in bold the issues that were changed during parliamentary proceedings, compared to the government’s draft, which was submitted to the Sejm in February 2026.
| Provisions of the Bill | Detailed information |
| Definition of workplace bullying (mobbing) | Workplace bullying (mobbing) refers to behaviour involving persistent harassment of an employee; the harassment must be repetitive, recurring or continuous. Incidental behaviour does not constitute workplace bullying, even if infringing upon the employee’s personal rights. The Bill contains an illustrative list of examples of workplace bullying. |
| Intent on the part of the perpetrator | Behaviour directed at an employee is deemed to constitute workplace bullying, even if its purpose was not persistent harassment. |
| List of perpetrators | Workplace bullying may, in particular, arise from an employer, a line manager, a person in an equivalent position, a subordinate, another employee, or persons working on a basis other than employment – whether from an individual or a group of people. |
| Minimum compensation for workplace bullying | Six times the minimum wage. This amount constitutes a lower limit – the employee may seek higher compensation for pain and suffering, as well as additional damages. |
| Obligation to systematically prevent workplace bullying and breaches of the principle of equal treatment | The government’s draft required active and continuous measures, whereas the Bill passed by the Sejm requires systematic action. |
| Employer’s liability for workplace bullying – no possibility of an exemption from liability | The Bill does not allow exempting the employer from liability. The employer is absolutely liable for workplace bullying. |
| The employer’s right of recourse against the perpetrator of workplace bullying | An employer who has paid an employee compensation or damages may claim reimbursement from the perpetrator for the loss suffered in an amount corresponding to the degree of fault attributable to that person and the employer. The government’s draft gave a right to claim full reimbursement of the loss suffered with no financial limit. |
| Obligation to issue anti-bullying regulations | An employer with at least 10 employees (government’s draft: at least 9) must set the rules, procedures and frequency of preventive measures in separate regulations – provided that these matters are not included in a collective bargaining agreement or work regulations. |
| Ban on dismissing a claim due to its incorrect categorisation | An entirely new provision, not present in the government’s draft. In proceedings for compensation or damages arising from an infringement of personal rights, a breach of the principle of equal treatment or workplace bullying, the court may not dismiss the claim, if the facts of the case indicate that the claim is valid on grounds other than those stated by the employee. This provision replaces the one in the government’s draft, which required the court to assess the infringement of personal rights only in cases of workplace bullying and did not preclude the dismissal of the claim. |
| Jurisdiction of the courts | Cases concerning workplace bullying, breaches of the principle of equal treatment and the protection of personal rights will be heard by district courts, regardless of the value of the matter in dispute and irrespective of whether the claim is monetary or non-monetary. |
| Entry into force and transition period | The Bill will come into force three months after the date of its promulgation (government’s draft: 21 days). Employers will have six months from the date of the Bill’s entry into force to amend their work regulations or issue separate anti-bullying regulations. |
Tomasz Pleśniak
Przemysław Zając
