The current legislation on bullying was written more than 20 years ago and the definition of the phenomenon is imprecise, often contradictory, and does not correspond to modern realities. This is why the Ministry of Family, Labour and Social Policy has prepared a draft amendment to the Labour Code on mobbing, which was included in the Government's List of Legislative Work on 13 January 2025.

Draft consultation underway, taking stock of its first phase

A conference summarising the first stage of the draft's public consultation was held at the Ministry of Labour on 26 February this year.

The head of the Ministry of Labour and Social Policy, Agnieszka Dziemianowicz-Bąk, began her speech by thanking the Deputy Speaker of the Sejm, Monika Wielichowska, who was present as the initiator of the Round Table on Mobbing. She also welcomed Minister of Culture and National Heritage Hanna Wróblewska, Minister of Equality Katarzyna Kotula, Deputy Minister of Justice Zuzanna Rudzińska-Bluszcz and Chief Labour Inspector Marcin Stanecki.

Why do we need new legislation?

Our draft offers tools to diagnose unlawful behaviour more precisely and to distinguish it from acceptable behaviour in labour relations. The concept of bullying must be clear to both employees and employers. It must also be clear to the judges who rule on these cases, said Labour Minister Agnieszka Dziemianowicz-Bąk.

What else is included in the special purpose act? The Minister reminded everyone about the setting of a higher minimum compensation for victims of bullying. She added that "the amendment will help employers to create their own anti-bullying strategies, tailored to the individual situation and characteristics of the workplace or industry".

"Dignity in the workplace is not a privilege, it is a right".

Deputy Speaker of the Sejm Monika Wielichowska pointed out that the only solution available to many people experiencing bullying is to leave the workplace.

Bullying is a drama for the individual and a blow to companies losing valuable employees, and a loss for the economy. Legislation must effectively protect and clearly define the responsibilities of employers. Dignity in the workplace is not a privilege, it is a right, Monika Wielichowska said at the conference.

The State Labour Inspectorate will help employers implement the regulations

Chief Labour Inspector Marcin Stanecki pointed out that many of the complaints received by the State Labour Inspection are about the lack of personal culture in the workplace, the principles of social coexistence or are one-off actions and, as a result, do not fit into the definition of mobbing in force today. In addition, only 3% of incoming complaints specifically address the issue of mobbing.

Only 41% of complainants agree to the disclosure that the inspection is the result of a complaint. 60% want to remain anonymous, emphasised Marcin Stanecki, drawing attention to the limited capacity of the SLI to act.

He added that only less than 20% of those complaining about workplace bullying had taken advantage of the prevention procedures available in their companies.

According to the head of the State Labour Inspectorate, the institution plans to hold a series of meetings with employers in the regions to share good practices for countering bullying in their companies, as well as to develop a code of good practices. He also highlighted that there are free SLI publications available for employers; the most recent one includes a template anti-bullying policy, which can be particularly helpful for small businesses.

What are the next steps on the legislative path?

The Ministry of Labour is analysing the comments made during the consultation. The next step will be to produce a revised draft text. Following the public consultation process, the draft will be referred to the Standing Committee of the Council of Ministers, then to the Law Commission and the Council of Ministers for consideration. Once the government has adopted the draft, it will go to the Parliament.