Revolution in Workplace Bullying and Discrimination Laws: The President Has Signed the Amendment. New Employer Obligations Are on the Horizon

Employers have a statutory duty to prevent workplace bullying (mobbing) and discrimination. The upcoming amendment to the Polish Labour Code demonstrates, however, that merely having formal policies in place will no longer be sufficient. The new regulations shift the employer’s responsibility from a reactive approach to a systemic one. This means that employers will be required to implement genuinely effective mechanisms to prevent workplace misconduct, rather than simply fulfilling formal legal obligations.

The Act amending the Labour Code and the Code of Civil Procedure was passed by the Polish Parliament (Sejm) on 19 June 2026 and signed by the President on 30 July 2026. The new provisions will enter into force three months after their publication in the Journal of Laws (Dziennik Ustaw). Employers will then have six months from the date the new regulations take effect (i.e. nine months from publication) to adapt to the new requirements.

In this article, we explain what is changing and what employers should do to ensure compliance.

Workplace Bullying (Mobbing) – A Simpler Definition, Broader Liability

One of the most widely discussed changes is the new definition of workplace bullying (mobbing). Under the current legislation, employees must demonstrate several cumulative elements, which has often resulted in interpretative disputes and made it difficult to pursue legal claims.

The amendment simplifies the legal definition by focusing on persistent harassment of an employee. At the same time, the legislator introduces a non-exhaustive list of behaviours that may constitute mobbing, including humiliation, intimidation, unjustified criticism, obstructing the performance of work, and isolating an employee from the team. As this list is illustrative rather than exhaustive, other forms of conduct may also qualify as workplace bullying.

Another significant change is the explicit confirmation that the perpetrator of workplace bullying does not have to be the employer or a supervisor. Liability may also arise where the conduct is committed by co-workers, subordinates, or even individuals performing work under civil law contracts, provided they remain in a professional relationship with the employee concerned.

At the same time, the legislator emphasises that not every unpleasant workplace experience will amount to mobbing. Isolated incidents, objective performance evaluations, or the legitimate enforcement of work duties – provided they are carried out appropriately – will not constitute a breach of the law.

Discrimination Takes on a Broader Meaning

The amendment also expands the legal framework governing equal treatment by introducing two new concepts: discrimination by assumption (perception) and discrimination by association.

The first applies where an employee is treated less favourably because they are incorrectly believed to possess a protected characteristic. The second covers situations where an employee suffers adverse treatment because of their relationship or association with a person who possesses such a characteristic.

The proposed regulations also clarify that not every difference in the treatment of employees constitutes discrimination. Differentiation based on objective, lawful, and proportionate criteria will continue to be permissible.

The Most Significant Changes Concern Employers’ Obligations

From the perspective of businesses, the most important aspect of the reform is not the revised definitions but the introduction of new organisational responsibilities.

The amendment moves away from a model in which preventing workplace bullying primarily meant responding to reported incidents. Instead, employers will be required to implement continuous, systematic measures aimed at preventing misconduct, detecting irregularities, taking corrective action, and providing support to individuals who have experienced workplace bullying or discrimination.

In practice, employers will need to view the prevention of workplace bullying as an integral part of their organisational governance and workplace culture, rather than merely as a legal compliance obligation.

For many organisations, this will require drafting entirely new internal procedures or substantially updating existing policies. Recommended measures include introducing regular training sessions, conducting employee surveys to monitor the workplace environment, and investing in the development of managers’ interpersonal and leadership skills.

Expert Commentary

Will this amendment truly be a game changer? In our view, not necessarily.

The reform largely codifies principles that employment law practitioners have recognised for years, while failing to provide clear guidance on one of the most difficult practical questions: when does workplace bullying actually occur?

The new regulations do not eliminate legal uncertainty, but they do impose additional obligations on employers. If you are an employer, obtaining legal advice is now more important than ever. Contact us to ensure your business is fully prepared and protected.