Anti-mobbing policy template: implementation procedure from 5 Nov 2026
From 5 November 2026, amended Labour Code provisions (Act of 19 June 2026, Journal of Laws 2026, item 1046) take effect, imposing new obligations on employers to prevent harassment in the workplace. Organisations employing at least 10 people must put formal protection rules in place. There is little time to adapt – the final deadline is 5 May 2027. In this article we cover the key legal changes, present an anti-mobbing policy template you can adapt for your company, and explain step by step how to agree the document with employees.
The new definition of mobbing: key changes
The Labour Code amendment clarifies the conditions for harassment. Under the new wording, the requirement of “long-term” conduct has been removed – mobbing is now defined as persistent harassment of an employee. Importantly for employers, the perpetrator’s motive is irrelevant to assessing the conduct itself. Under Article 3 of the amendment, the new rules also apply to harassment that began before 5 November 2026 and is still ongoing. For a detailed discussion of the changes to the definition, see our article: the new definition of mobbing from 5 November 2026.
Who is covered and what must the rules include (Art. 94³ᵃ)?
The new law sets a clear threshold: the obligation to have a formal procedure applies to employers with at least 10 employees. Regardless of the size and structure of the organisation, the required rules must cover the 4 areas set out in Art. 94³ᵃ:
- Preventing mobbing and discrimination.
- Procedures for receiving reports.
- Rules for conducting investigations.
- Measures and remedial actions once irregularities are found.
It is worth stressing that the law does not require a separate document. Under Art. 104¹ § 1(10), these rules can be included in the existing work regulations or in a collective agreement.
Employer obligations: before and after 5 November 2026
The amendment of 19 June 2026 shifts the employer’s liability model from reactive to preventive.
Anti-mobbing policy template: structure and sample clauses
Whether the rules are introduced as a stand-alone policy or as part of the work regulations, they must set out a precise course of action. Below is a recommended document structure ready to adapt (anti-mobbing policy template).
1. Purpose and scope of the procedure
This section sets out the principles for building the work environment and who is protected. Sample clause: § 1. The purpose of these Rules is to prevent mobbing in the workplace and to build an environment based on mutual respect. The Rules apply to all of the Employer’s employees, regardless of the type of contract or working hours, and accordingly also to persons cooperating on another legal basis.
2. Definition of mobbing
The clauses must reflect the new legal status and drop the “long-term” requirement removed from the statute. Sample clause: § 2. Mobbing means actions or behaviour concerning or directed against an employee, consisting in persistent harassment. The catalogue of behaviours considered harassment is based on the conditions set out in Art. 94³ § 2–4 and 7 of the Labour Code. An interpersonal conflict without the features of harassment and hostility does not constitute mobbing.
3. Investigation team (Committee)
The organisation must clearly identify who investigates reports and guarantee their impartiality. Sample clause: § 3. To investigate a report reliably and impartially, an Anti-Mobbing Committee is appointed. Its detailed composition is determined by the Employer, guaranteeing impartiality and the presence of an employee representative. The Committee may not include the person the report concerns, the reporting person or their direct supervisors.
4. Reporting channel
Reports require a dedicated and secure channel. Sample clause: § 4. An employee may submit a report of suspected mobbing in writing or via a dedicated e-mail address. All information obtained during the proceedings is subject to professional confidentiality.
5. Course of the proceedings
Sample clause: § 5. The Committee opens an investigation within the time limits set by the Employer in the procedure. The proceedings include hearing the parties and witnesses and end with a report prepared within the time limit set in the policy.
6. Remedial action
Sample clause: § 6. If mobbing is found to have occurred, the Employer promptly takes appropriate remedial action. The Employer provides the affected person with support to restore their sense of safety at work.
Financial liability: compensation and employer recourse
The new rules make the financial value of victims’ claims more realistic. Compensation for a victim of mobbing is now no less than six times the minimum wage, which at current rates amounts to PLN 28,836.
From the employer’s perspective, the established recourse mechanism is key. An employer that pays damages or compensation to a victim has the right to recover the costs from the actual perpetrator. Importantly for industries relying on flexible forms of cooperation, the perpetrator against whom the employer takes action or exercises recourse may also be a person working with the organisation under a B2B contract.
Implementing the rules step by step (the 30-day rule)
Implementing the procedure requires the proper mode. The legislator requires the document to be agreed with employee representatives, not merely consulted unilaterally.
- Drafting: Preparing internal rules based on the guidelines of Art. 94³ᵃ.
- Agreement with employee representatives: Presenting the draft to the company trade union or, if there is none, to employee representatives selected in the manner adopted by the employer.
- The 30-day rule and final wording: The law provides 30 days to reach agreement on the procedure. If the parties do not reach a common position within this time, the employer sets the rules on its own after considering the opinions presented by employees. The final deadline for implementing the document is 5 May 2027.
The most common employer mistakes
When implementing anti-mobbing procedures, organisations repeat patterns that weaken the effectiveness of protection:
- A procedure left in a drawer: Copying a template without actually opening up communication channels.
- No protection against retaliation: If the policy does not protect reporting persons and witnesses (as required by Art. 18³ᵉ), employees fearing for their jobs usually choose silence.
- Reporting lines within the committee: Staffing committees only with people who report to or work closely with the alleged perpetrator paralyses the process and prevents a fair assessment.
Prevention in practice with Nais
Legal provisions are the foundation, but mobbing most often develops where transparency and constructive feedback are lacking. Modern prevention means regularly recognising effort. Benefit platforms such as Nais combine benefits policy with an integrated kudos and employee recognition module. Sharing positive feedback across the whole team strengthens a sense of belonging, reducing unhealthy rivalry and the risk of exclusionary behaviour.
Frequently asked questions (FAQ)
1. Can anti-mobbing rules be included in the work regulations? Yes. The law is flexible here. Under Art. 104¹ § 1(10) of the Labour Code, equal treatment rules and anti-mobbing procedures can be placed directly in the work regulations (or a collective agreement), without a separate document.
2. Who is required to have the procedure? The statutory obligation to have written, formal rules applies to every organisation employing at least 10 employees.
3. What happens if an employer has no rules after 5 May 2027? Failing to introduce the legally required document after the statutory deadline is an offence against employee rights under Art. 281 of the Labour Code, punishable by a fine.
This article is for information only and does not constitute legal advice. Legal status as of 5 November 2026.
