A new definition of mobbing. We know the assumptions of the proposed regulations.

The Ministry of Family, Labour and Social Policy is working on an advanced amendment to the regulations on mobbing, announcing a breakthrough in the current approach to protecting employees from harassment in the workplace. The growing number of reports of violations, the increase in legal awareness of employees and social expectations towards workplaces have led the ministry to plan far-reaching changes to the Labour Code. The proposed regulations provide for an extension of the definition of mobbing and the introduction of new obligations for employers to minimise cases of “sweeping matters under the carpet”. It is worth taking a look at what exactly the planned modifications are and what impact they may have on the Polish labour market.

The current definition of mobbing and the beginnings of regulation

The legal basis for mobbing was introduced in 2004 in Article 94 3 § 2 of the Labour Code. This provision defines mobbing as an action or behaviour concerning an employee (or directed against him/her), consisting of persistent and long-term harassment or intimidation, resulting in a reduced assessment of professional usefulness, and also aimed at or resulting in humiliation, ridicule, isolation or elimination from the team. This statutory definition was certainly a step forward in the fight against violence in the workplace, but many years of observation of data from the National Labour Inspectorate show that the requirement of long-term and repeatable behaviour does not always allow the injured employees to effectively defend their rights. One-off, but extremely severe incidents often do not fit into the literal wording of the provision, which is one of the main reasons for the planned changes. Regulations passed over twenty years ago do not correspond to the current reality and it is time to update them.

Discrimination and harassment as seen by the National Labour Inspectorate

The National Labour Inspectorate admits that mobbing is a form of psychological violence that can have many shades and permeate various aspects of professional relationships. Discrimination, harassment and mobbing are often intertwined – all these phenomena lead to a violation of the employee’s dignity, make them feel threatened, reduce the comfort of work and can cause serious health consequences. PIP statistics show that every year the inspectorate receives thousands of complaints related to improper treatment in the workplace. Some of them directly concern mobbing phenomena, but also discrimination on various levels, m.in. on the basis of gender, age or beliefs.

At the same time, the National Labour Inspectorate signals that reports aimed at explaining practices bearing the hallmarks of mobbing are often very complicated and require detailed analysis. According to the data available on the Inspectorate’s website, although a significant number of reports do indeed end up with an inspection and clarification of the case, many of them still remain in the grey area – without appropriate documentation or witnesses, which results in dismissals or unsatisfactory decisions for the injured employees. This state of affairs further shows the need to strengthen protective mechanisms.

Why does the ministry envisage changes?

In recent years, the growing determination of employees to assert their rights has become apparent. The increased number of reports of improper treatment recorded by the National Labour Inspectorate has an impact on legislative activities. The scale of the problem is also evidenced by the data from the report “Mobbing in Polish companies. Second edition – 2023 vs. 2022”, prepared by the UCE RESEARCH analytical and research platform and the ePsycholodzy.pl platform, according to which in the last 6 months of 2023 as many as 41.4% of the surveyed employees experienced signs of mobbing (compared to 40% in 2022).

Statistics and observations collected by the National Labour Inspectorate and numerous expert organisations show that the current definition of mobbing – focused on repetition and longevity – is insufficient to protect the victims. Some events, albeit one-off, cause huge psychological or health damage to employees. That is why the Ministry of Labour and Social Policy calls for clarification of the regulations so that they also cover single, but extremely harmful acts of harassment or violence.

How will the definition of mobbing change?

The proposed amendment to the Labour Code provides for the extension and flexibility of the concept and distinguishing 3 of its forms: physical, verbal and non-verbal. Mobbing is to mean “behaviour consisting in persistent harassment of an employee. The persistence of harassment is that it is repetitive, recurrent, or persistent.” It is to include activities such as:

• humiliation or abuse;
• bullying;
• underestimating the assessment of the employee’s professional suitability;
• unjustified criticism, humiliation or ridicule of the employee;
• hindering functioning in the work environment in terms of the possibility of achieving work results, performing professional tasks, using competences, communication with co-workers, access to necessary information;
• isolating the employee or eliminating them from the team.

The new definition should be carefully thought out so as not to give employees the feeling that any inappropriate behavior is mobbing. It already happens that such accusations are unfounded and result from the subjective feelings of the person. They are also sometimes used as a way to take revenge on their former employer. Currently, the regulations do not provide answers to many cases, so courts are forced to examine specific behaviors in terms of mobbing. It is worth noting that the planned changes assume that the courts will no longer examine the perpetrator’s intentions, but will focus on the very fact of mobbing.

According to the ministry, the planned changes are a key step in adapting Polish regulations to the realities of the modern labor market. The proposed regulations are also intended to strengthen the preventive function – an easier path to pursuing claims may more effectively deter potential perpetrators from engaging in behaviours bearing the hallmarks of psychological violence, and mobilize employers to consistently build an organisational culture free from discrimination and other irregularities.

New obligations for employers

The planned changes will not be limited to modifying the definition of mobbing. The Ministry of Family, Labour and Social Policy also wants to introduce a number of new requirements that will tighten the protection system and clearly indicate that not only the injured party or potential perpetrator, but also the entire organisation is responsible for the psychological safety of employees. In this context, the following should be mentioned:

• The need to create or update internal anti-mobbing procedures in which the paths for reporting and examining complaints will be clearly defined.
• The obligation to conduct training and information activities so that employees know what mobbing is, how to recognize it and what to do if they notice signs of harassment or discrimination.
• Establishing real support mechanisms for the injured, including e.g. contact with a psychologist or internal mediation, as well as ensuring full confidentiality of the whistleblowers.
• Tougher sanctions for failure to respond to confirmed cases of improper treatment, including financial penalties (the minimum threshold of compensation for mobbing is to be the equivalent of six salaries), image liability or possible lawsuits if it turns out that the company has failed to comply with its obligations or tried to conceal irregularities.

In the opinion of experts from the National Labour Inspectorate, a clear formalisation of these procedures will require some employers to completely change their current practice. In the long run, however, it may significantly improve the atmosphere at work and stop the alarming trends visible in the PIP statistics.

Penalties for the employer and the mobber
Already under the current regulations, a person affected by mobbing in the workplace has the right to compensation or redress for the damage or psychological harm suffered, and if the harassment leads to the termination of the employment contract – the employee may demand additional compensation from the employer. In practice, this often means lengthy litigation.

The planned amendment to the Labour Code is to further tighten sanctions, providing for higher fines (after the amendment, the minimum amount is to increase to six times the minimum wage) and greater responsibility for covering up or downplaying cases of harassment. A person who commits mobbing, especially if he or she holds a managerial position or represents the employer in a decision-making manner, may be subject to more severe legal consequences, including an order to pay compensation and compensation for the costs incurred by the victim (e.g. psychological support). Particularly blatant violations of the provisions on respect for employee rights may be punishable not only by administrative fines, but also by civil liability, and in extreme cases, e.g. multiple violations – criminal proceedings for malicious or persistent violation of employee rights.

The role of new solutions and challenges for the labour market

The announced amendment is in line with pan-European trends in which the aim is to create transparent work environments free from discrimination and violence. The expanded definition of mobbing will make it easier for employees to react faster and more decisively to any manifestations of harassment, and employers will be forced to implement effective preventive mechanisms. These changes may in effect be conducive to building a better organizational culture, which translates into reduced staff turnover and increased team engagement.

At the same time, it should be remembered that for many companies, new obligations involve the need to audit existing regulations, conduct training and develop effective anti-mobbing procedures. In this context, the support of specialized agencies, such as LeasingTeam, which help companies go through the adaptation process, analyzing risks and preparing solutions tailored to the needs of the organization, can be particularly valuable.

Why is it worth tracking changes now?

The final shape of the new regulations will be known only after the completion of legislative work, but the Ministry of Labour and Social Policy informs that an application has already been submitted to include the bill in the list of legislative works of the government. However, employers should not delay taking preparatory measures. The increased interest of the public, the number of reports to the National Labour Inspectorate and the results of surveys show that the topic of mobbing and discrimination will be even more prominent. Failure to respond adequately or attempt to downplay the problem may bring not only financial consequences, but also far-reaching damage to the image. The increase in legal awareness of employees means that negligence in this area more and more often ends up in court.

Summary

The upcoming amendment to the Labour Code is a step towards more effective prevention of abuse and psychological violence in the workplace, which may be manifested by both repeated practices of harassment and one-off, but extremely severe behaviour. Data from the National Labour Inspectorate and research and market reports clearly indicate that the problem of mobbing and discrimination is not decreasing, but is even getting stronger.

The extended definition of mobbing is intended to support victims in asserting their rights, and the increased obligations of employers are intended to encourage companies to implement effective prevention policies and ensure a safe, friendly working environment. The amendment may prove to be a challenge for some companies, but at the same time an opportunity to raise market standards. Putting in place clear procedures for reporting abuse and providing real support to victims of harassment will not only reduce the risk of sanctions, but will also contribute to an ethical organizational culture in which employees feel respected and protected.

In the context of the upcoming changes, it is extremely important to professionalize activities – both in the field of HR, training and external consulting. Companies such as LeasingTeam Group can play an important role in this by auditing existing HR processes, which, when designed and operated properly, have a real impact on the comfort and efficiency of work. The final effect of the proposed amendment is to benefit all parties involved: employees – in the form of preventive measures and stronger protection, employers – in the form of a transparent image and trust of the team, and the entire labour market – through higher ethical standards and strengthening partner relations.

Origin:

¹ Mobbing is violence – National Labour Inspectorate https://www.pip.gov.pl/aktualnosci/mobbing-to-przemoc

Author of the article

LeasingTeam

Marketing Manager

Doświadczony analityk rynku pracy, specjalizuje się w badaniach nad trendami zatrudnienia i zmianami w strukturze zawodowej. Jego artykuły, publikowane w renomowanych czasopismach branżowych, pomagają czytelnikom zrozumieć dynamikę rynku pracy.