New Definition of Mobbing 2026 and at least PLN 28,836 in Compensation – What Every Employer Needs to Know?

Poland is undergoing the biggest revolution in labor law regarding mobbing since 2004. On February 17, 2026, the Council of Ministers adopted a draft amendment to the Labor Code (UD183), which fundamentally changes the rules for protecting employees against workplace harassment. For HR departments and management, this is an alarm signal: the new definition of mobbing is broader, financial penalties are significantly higher, and employer prevention duties are much more specific. Organizations that fail to adapt their procedures and work culture risk financial liabilities reaching tens of thousands of zlotys per case.

What is the New Definition of Mobbing in 2026?

The new definition of mobbing includes persistent physical, verbal, or non-verbal harassment of an employee, which is repetitive or recurring, regardless of the perpetrator's intent and without the requirement to demonstrate a specific psychological effect on the victim. Unlike the previous legal state, the key is no longer "long-term" duration, but the persistence of behaviors.

Key changes in the 2026 definition:

• Persistence over duration: It's no longer necessary for harassment to last for a long time; being persistent and repetitive is enough.

• No specific effect required: Assessment is independent of whether humiliation, isolation, or lowered professional self-esteem occurred.

• Perpetrator's intent is irrelevant: A manager cannot defend themselves by claiming a lack of ill will if their behavior objectively constitutes persistent harassment.

• Includes digital communication: Mobbing via e-mail, SMS, or corporate messengers is explicitly covered.

At Least PLN 28,836 in Compensation – Where Does This Amount Come From?

The amount of PLN 28,836 is equal to six times the minimum wage in 2026 (6 × PLN 4,806 gross). This is the minimum compensation for mobbing after the amendment takes effect.

• Previous threshold: One-time minimum wage.

• Current threshold: Six times the minimum wage to fulfill a real compensatory and deterrent function.

• Not a lump sum: The court may award a higher amount based on the intensity and duration of harassment.

Victim Benefits Table (2026):

• Mobbing Compensation: Minimum PLN 28,836 (6x min. wage).

• Mobbing Damages: Minimum PLN 4,806 (1x min. wage) to cover financial losses.

• Discrimination Compensation: Minimum PLN 14,418 (3x min. wage).

A breakthrough procedural change allows an employee to seek compensation without having to terminate their employment contract.

New Employer Obligations and the "Reverse Burden of Proof"

Employers with at least 9 employees must define anti-mobbing and anti-discrimination rules in work regulations. These must include:

1. A clear definition of prohibited behaviors.

1. Confidential reporting procedures.

1. Regular anti-mobbing training for staff and management.

1. Descriptions of support offered to victims (psychological or legal aid).

Reverse Burden of Proof:An employee only needs to make the occurrence of mobbing probable (prima facie). It is then the employer's responsibility to prove that the behavior did not take place or did not constitute harassment.

Rational Victim Model – Protection Against False Accusations

To protect managers, the law uses the "rational victim" perspective. Behavior is assessed based on a person with average psychological resilience, not just the subjective feelings of the employee. Justified workplace requirements, such as performance reviews or substantive criticism expressed in an appropriate form, do not constitute mobbing.

Action Plan for HR Departments:

• Update Regulations: Anti-mobbing procedures are now a legal requirement, not a voluntary standard.

• Management Training: Leaders must learn how to provide critical feedback and document performance without risking harassment claims.

• Secure Reporting Channels: Implement safe, confidential paths for reporting (e.g., whistleblowing modules like those provided by Nais).

• Psychological Support: Providing access to help becomes a key element of prevention.

Summary:

The 2026 amendment makes preventing workplace harassment a financial necessity. Companies using tools like Nais for anonymous reporting (Whistleblower module) and engagement surveys (Pulse Check) can identify risks early and build a safe work culture, minimizing legal and financial risks.

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