Workplace mobbing
The employer is required to counteract mobbing (psychological harassment) at work.
Workplace mobbing means actions or behaviour concerning an employee or directed against an employee undertaken by an employer, a person acting on the employer’s behalf or an employee employed by the employer, consisting of persistent and prolonged harassment or intimidation of an employee resulting in the employee’s appraisal of their professional suitability being lowered, causing or intended to cause humiliation, ridicule, isolation or elimination from their team of co-workers.
To qualify as mobbing, this must be a long-term and persistent process – similar situations must recur many times, systematically, over an extended period of time. One-off and incidental situations cannot be considered as mobbing at work.
The person committing mobbing does not have to be the employer, but may be a supervisor or a co-employee.
An employee whose mobbing at work has caused health damage may claim from their employer an appropriate sum by way of financial compensation for the non-material damage suffered.
An employee who has suffered mobbing or has terminated their contract of employment as a result of mobbing is entitled to claim compensation from their employer in an amount not lower than the minimum remuneration, determined on the basis of separate provisions.
The employee’s declaration regarding the termination of their contract of employment should be made in writing, stating the mobbing at work as a reason for the contract termination.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465).