On 30th of July 2026, the President signed an amendment to the Labour Code and the Code of Civil Procedure, which fundamentally changes the rules governing employers’ liability for workplace bullying and discrimination. Employers can expect, amongst other things, the following changes: a new definition of workplace bullying, increased statutory minimum compensation thresholds, a shift in the burden of proof in cases of breaches of the principle of equal treatment to the employer, and an obligation to introduce anti-bullying procedures in organisations employing at least 10 staff members. The Act comes into force three months after the date of its publication; however, the new rules will also apply to ongoing infringements that began earlier and will continue after that date, so it is worth starting preparations now.
The Anti-Bullying Act – anti-bullying policy and other organisational obligations
The amendment restructures employers’ obligations in three main areas:
- Obligation to introduce regulations – employers with at least 10 employees will have to set out the rules, procedures and frequency of actions in a collective agreement, work regulations or separate regulations. The procedure for adopting these rules will depend on the document chosen: the content of separate regulations will have to be agreed with the trade unions, or, in their absence, with employee representatives, with the employer having the option to draw up the regulations independently after a 30-day period has elapsed without result;
- The obligation to prevent breaches of the principle of equal treatment, discrimination and workplace bullying – the employer shall prevent any unequal treatment, discrimination and workplace bullying, as well as violations of an employee’s dignity and other personal rights, in particular in the areas of health, personal sphere and reputation, appropriate communication in the workplace, position within the team, work performance and its assessment, and professional status and qualifications;
- A higher standard of employer obligations – countermeasures must be systematic and encompass prevention, detection of breaches, response, remedial action and support for those affected.
In view of the forthcoming changes, an anti-bullying policy adopted solely for documentation purposes will not meet the statutory requirements. The regulations will have to provide for specific, regular measures (e.g. training, surveys, reviews), and the employer will be obliged to demonstrate that these have actually been implemented. It should also be emphasised that the obligation to prevent workplace bullying applies to all employers, regardless of the number of employees.
The new definition of workplace bullying
The definition that has been in force for over twenty years requires proof of persistent and long-term harassment or intimidation of an employee, as well as the effects or purpose of such behaviour as specified in the Act, relating, amongst other things, to the undervaluing of an employee’s professional competence, humiliation, ridicule, isolation or exclusion from the team.
The amendment to the Anti-Bullying Act provides for the removal of the elements of ‘purpose’ and ‘consequence’ from the definition of workplace bullying, which means that an employee will no longer have to prove them. According to the new definition, workplace bullying means behaviour consisting of persistent harassment of an employee, whilst ‘persistence’ means that the behaviour is repetitive, recurring or ongoing. The amendment also introduces other significant changes, in particular:
- an illustrative, non-exhaustive list of forms of workplace bullying is introduced, including humiliation, intimidation, unjustified criticism, hindering the performance of work, communication or access to information, and isolation from the team;
- the Act clarifies that such behaviour may be physical, verbal or non-verbal;
- anyone may be a perpetrator of workplace bullying – a line manager, colleague, subordinate, a group of people, as well as persons working with the organisation on a basis other than an employment relationship (e.g. contractors, B2B contractors);
- ordering or encouraging such behaviour also constitutes workplace bullying.
The Act also defines the boundaries of the concept of workplace bullying more clearly. Incidental behaviour will not be classified as workplace bullying, although it may still infringe upon an employee’s personal rights. Furthermore, behaviour towards an employee that is justified and expressed in an appropriate manner – in particular, holding them to account for the work entrusted to them or criticising that work – cannot be classified as workplace bullying. It should be borne in mind, however, that in practice, the assessment of whether workplace bullying has taken place will always be case-by-case and will ultimately be a matter for the court.
Higher financial risk – statutory minimums and recourse against the perpetrator
The new Anti-Bullying Act introduces significant changes regarding the employer’s financial liability for workplace bullying. Currently, only an employee whose health has been impaired as a result of workplace bullying may claim compensation. The amendment removes this condition: any employee who has been subjected to workplace bullying will be able to claim compensation for the harm suffered amounting to at least six times the minimum wage (28,836.00 zlotys at the 2026 rate) and damages covering financial loss.
The introduction of a minimum threshold for compensation means that even in cases where the extent of the harm is relatively minor, the employer will face significant financial exposure.
A similar mechanism will apply to discrimination. An employee will be entitled to compensation of no less than the minimum wage, and in the event of multiple breaches – no less than three times that amount. The Act also classifies a single breach arising from several grounds simultaneously (e.g. on the grounds of gender and age) as a repeated breach, which immediately raises the threshold to three times the minimum wage.
The amendment also introduces a provision whereby an employer who has paid compensation or damages for workplace bullying may claim reimbursement from the perpetrator – in a proportion corresponding to the degree of the perpetrator’s fault and the employer’s fault.
Extended scope of protection against discrimination
The amendment explicitly introduces into the Labour Code discrimination by assumption (where an employee has been discriminated against on the basis of a characteristic wrongly attributed to them, e.g. on the basis of a nationality wrongly attributed to them) and discrimination by association (discrimination on the grounds of a connection with a person to whom such a characteristic applies, e.g. a parent of a child with a disability).
The definition of harassment is also clarified by specifying that it may consist of verbal, physical and non-verbal elements. At the same time, the Act explicitly confirms that unequal treatment does not constitute discrimination if it is objectively justified.
Protection against retaliation
Protection against retaliatory measures has been significantly strengthened. An employee’s exercise of their rights arising from a breach of labour law must not give rise to any adverse consequences, including termination of employment. It should be emphasised that this applies to the exercise of rights relating to any breach of employees’ rights, not just anti-bullying and anti-discrimination provisions. Protection will also extend to those who have supported an employee, such as witnesses – they too will be entitled to compensation (at least the minimum wage) or damages. The only people excluded from this protection will be those who knew that no violation had in fact taken place.
In practice, this means that HR decisions affecting individuals who have reported a breach or supported the complainant (changes to job responsibilities, appraisals, bonuses) will require particularly careful and documented justification, based on reasons unrelated to the report.
The burden of proof rests with the employer in equal treatment cases – including in internal proceedings
The new Act extends the distribution of the burden of proof, which is favourable to employees, to all categories of employment cases involving a breach of the principle of equal treatment, and not just – as has been the case to date – to those relating to discrimination. A person alleging a breach of this principle will only have to establish a prima facie case, whilst the burden of proving that no breach occurred will rest with the employer. Another new feature is the extension of this rule not only to court proceedings but also to those conducted under the employer’s internal procedures.
Internal investigations thus take on a substantive character and constitute the first stage of a potential dispute. Procedures must be designed to clearly define the standard for assessing complaints and to ensure reliable documentation of findings that will stand up in court later on.
The impact of the amendment on ongoing proceedings and changes to the Code of Civil Procedure
The amendment also provides that if persistent harassment or repeated breaches of the principle of equal treatment began before the Act came into force and continue after that date, the new provisions shall apply.
Ongoing complaints must be investigated promptly and thoroughly, and, if irregularities are confirmed, the disputed conduct must be brought to a genuine end. The mere formal closure of internal proceedings will not preclude the application of the new provisions if the conduct continues.
However, the new provisions will not affect ongoing court proceedings concerning workplace bullying if the conduct forming the basis of those proceedings ceased before the Act came into force.
The amendment also introduces changes to the Code of Civil Procedure. Proceedings concerning workplace bullying, discrimination and breaches of the principle of equal treatment will now be heard by district courts, regardless of the value of the claim. It has also been explicitly confirmed that, in such proceedings, it is not permissible to dismiss a claim, if the established facts of the case indicate that the claim is valid on grounds other than those indicated by the employee; for example, if an employee sought compensation for workplace bullying and, although the conditions for workplace bullying were not met in the specific circumstances, there were grounds for awarding compensation for an infringement of personal rights.
When will the changes come into force?
The Act will come into force three months after the 30th of July. Employers, however, should amend their internal regulations no later than six months after the Act comes into force.
What should employers do now?
- Introduce anti-bullying procedures. Employers with at least 10 employees will have to set out the rules, procedures and frequency of actions in a collective agreement, work regulations or separate regulations.
- Audit of procedures. If an employer already has anti-bullying procedures in place, they will need to review their existing anti-bullying and anti-discrimination policies in light of the new requirements: the five areas of action (prevention, detection, response, redress, support) and the extended scope to include personal rights, and, where necessary, bring them into line with the new regulations.
- Choosing the regulatory approach. Deciding whether the new rules will be included in the employment regulations or in a separate set of regulations, and planning consultations with trade unions or employee representatives.
- Review of ongoing cases. Identification of current reports and disputes. Behaviour that is not resolved before the Act comes into force will be assessed according to the new, stricter rules.
- Updating the reporting procedure. Aligning investigative procedures with the standard of prima facie evidence: how to assess reports, document findings, and protect reporters and those providing support.
- Training for management. Drawing the line between performance management and harassment, and establishing rules for documenting assessments, instructions and feedback – this is a key element in mitigating the employer’s risk.
- People employed on a basis other than an employment contract. Taking into account people employed under civil law contracts, in particular: B2B contractors, service providers, agency staff and subcontractors, whose behaviour may also constitute workplace bullying.
FAQ
Who Will the Amendments to the Anti-Bullying Legislation Apply To?
The new legislation introduces changes to the obligations of all employers. The enhanced duty to prevent workplace bullying (mobbing) will apply irrespective of the number of employees engaged by an employer.
At the same time, employers with at least 10 employees will be required to implement formal internal regulations setting out rules for preventing workplace bullying, discrimination and breaches of the principle of equal treatment.
The amendment also expands the category of individuals whose conduct may give rise to an employer’s liability. Workplace bullying may be perpetrated not only by managers and employees, but also by individuals performing work under civil law contracts, including B2B contractors, contractors engaged under mandate agreements (umowa zlecenia), temporary agency workers and other external personnel.
When Will the New Anti-Bullying Provisions Enter into Force?
The amendment will enter into force three months after its official publication.
Employers will then have an additional six months from the date the Act enters into force to align their internal policies and procedures with the new requirements.
However, employers should not postpone preparations. The new provisions will also apply to ongoing violations that commenced before the Act entered into force but continue after that date.
Does an Anti-Bullying Policy Protect an Employer?
Yes, but only if it is effectively implemented and genuinely applied, rather than adopted merely as a formal compliance document.
Under the new rules, employers will be required to undertake real and systematic measures aimed at preventing misconduct, detecting violations, responding appropriately, implementing remedial actions and supporting affected individuals.
In practice, this means organising regular training, conducting internal investigations, maintaining proper documentation of actions taken and periodically reviewing internal procedures.
A properly implemented compliance framework may significantly reduce an employer’s exposure to liability and help demonstrate, in court proceedings, that the employer exercised due diligence in fulfilling its statutory obligations.
Must Employers with Fewer Than 10 Employees Adopt a Formal Anti-Bullying Policy?
No. The statutory obligation to introduce formal anti-bullying regulations will apply only to employers with at least 10 employees.
This does not, however, relieve smaller employers of their duty to prevent workplace bullying. They remain responsible for providing employees with a safe working environment and may still incur liability for breaches of employment law, even where they are not required to adopt formal internal regulations.
In practice, smaller organisations should also consider implementing an appropriate anti-bullying procedure.
Within What Time Limit May an Employee Bring a Workplace Bullying Claim?
The amendment does not change the limitation period applicable to workplace bullying claims. Accordingly, the general three-year statutory limitation period will continue to apply.
As a rule, the limitation period begins to run from the date on which the employee obtains medical confirmation that the harm to their health was caused by workplace bullying.
Consequently, claims may arise long after the last act constituting the alleged bullying occurred.
Will the New Rules Apply to Conduct That Occurred Before the Act Enters into Force?
Yes, but only in certain circumstances.
Where persistent harassment or repeated breaches of the principle of equal treatment commenced before the amendment entered into force and continued thereafter, the new provisions will apply.
By contrast, cases concerning conduct that ceased before the Act entered into force will continue to be assessed under the existing legal framework.
Are Individuals Engaged Under Civil Law Contracts (e.g. B2B Contractors or Contractors Under Mandate Agreements) Protected Against Workplace Bullying?
The amendment does not confer employee status (within the meaning of the Polish Labour Code) on individuals engaged under civil law contracts.
However, it expressly provides that persons cooperating with an employer under such arrangements may be perpetrators of workplace bullying.
Accordingly, employers should ensure that their anti-bullying policies and procedures also cover B2B contractors, individuals engaged under mandate agreements, temporary agency workers and subcontractors, since their conduct may expose the employer to liability towards employees.
Can a Single Isolated Incident Constitute Workplace Bullying?
The new provisions expressly exclude isolated or one-off incidents from the statutory definition of workplace bullying.
This does not mean, however, that such conduct is without legal consequences. Depending on the circumstances, a single incident may constitute, for example, an infringement of an employee’s personal rights or a breach of equal treatment legislation, either of which may give rise to liability on the part of both the employer and the individual responsible.
