New definition of mobbing from 5 November 2026: what changes, behaviour examples and employer duties

Updated: 27 October 2026. This article reflects the new definition of mobbing in force from 5 November 2026.

This article is for information only and is not legal advice.

From 5 November 2026 an amendment to the Labour Code takes effect, introducing a new definition of mobbing based on persistent harassment. The changes remove the previous requirement for the employee to prove that harassment was long-lasting and that specific effects occurred. Employers with at least 10 employees must set anti-mobbing rules in their workplace regulations. They have 6 months to adapt regulations — until 5 May 2027.

1. The new 2026 definition of mobbing — what the Labour Code says

The legal basis is the Act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure (Journal of Laws 2026 item 1046). It was published on 4 August 2026 and enters into force three months later, on 5 November 2026. Under the updated Art. 94³ § 2 of the Labour Code, from 5 November 2026 mobbing is defined through conduct amounting to persistent harassment of an employee.

The key legal concept is persistence. Persistent workplace harassment means actions that are repetitive, recurring or constant. That replaces the previous need to prove multi-month duration.

The legislature makes clear that incidental behaviour — a one-off outburst, an occasional argument or a single unpleasant exchange — is not mobbing. Such incidents may still breach social coexistence rules or other personal rights, but they do not meet the persistence criterion required for mobbing under the Labour Code.

2. What changes: mobbing before and after 5 November 2026

The new rules change how unwanted behaviour is assessed. The previous definition required proof not only of harassment or intimidation, but also of long duration and specific effects.

From 5 November 2026 the question is whether persistent harassment occurred in the organisation.

3. Signs of mobbing — statutory catalogue of behaviours

The updated rules give an open catalogue of behaviours that amount to mobbing when they take the form of persistent harassment. Other unacceptable conduct may also qualify.

Statutory examples include:

• Humiliation and belittling
• Intimidation
• Undermining professional usefulness
• Unjustified criticism
• Degrading and ridiculing
• Hindering functioning in the work environment
• Isolating or eliminating from the team

These behaviours may take different forms:

1. Physical – invading personal space or other unacceptable physical acts
2. Verbal – direct remarks, comments or raised voice
3. Non-verbal – gestures, body language, demonstrative ignoring or refusing contact

Ordering or encouraging others to engage in such behaviour also counts as mobbing.

Electronic channels (email, company messengers, task systems) can be the setting for misconduct. Everyday terms such as cybermobbing appear in business practice, but they are not a separate category in labour law.

Conduct is treated as mobbing even when the perpetrator did not intend to harass the employee. What matters is an objective assessment of the nature and persistence of the behaviour.

4. What is not mobbing

Clear rules on persistent harassment separate unwanted phenomena from proper people management and enforcement of duties.

Mobbing is not:

• Justified, properly expressed accountability for work – requirements aligned with the contract, checking deadlines and quality
• Substantive criticism – feedback on errors delivered professionally and respectfully
• Incidental disputes or conflicts – one-off clashes or emotional reactions without repetition and persistence

If a manager politely and substantively points out project mistakes or requires duties from the job scope, that falls within managerial rights. Managerial acts include discussing task results, reviewing deadlines or giving comments on a report. Proper work review uses objective criteria and addresses outcomes, not the person. More on difficult conversations: How to handle difficult conversations at work (PL).

5. Who can be a perpetrator and how cases are assessed

The new rules keep a broad personal scope. The perpetrator need not be the direct manager.

A perpetrator may be:

• The employer
• A manager at any level
• A co-worker
• A subordinate
• A person engaged on a basis other than an employment relationship

Mobbing may be carried out by one person or a group against one or more employees.

Each reported case is assessed individually in light of all circumstances, the specific workplace and the course of events, to decide whether behaviour was persistent harassment.

6. Employer duty: systematic prevention

The amendment stresses continuous prevention. The employer must not only react after an incident but run an ongoing process.

Systematic prevention has five pillars:

1. Prevention – awareness, training on acceptable behaviour and clear organisational norms
2. Detection – safe reporting channels and regular team feedback
3. Response – prompt, impartial review of every signal of possible persistent harassment
4. Remedial action – consequences for perpetrators and process changes to remove root causes
5. Support – help for people affected by unwanted behaviour

Systematic prevention is continuous, not a one-off training. Respectful everyday culture and recognition reduce interpersonal tension. Organisations that combine misconduct prevention with equal-treatment strategy build safer workplaces. Related reading (PL): Whistleblower Act and Preventing discrimination in employment.

7. Compensation and damages — the lower threshold

With the new definition, rules for financial remedies for employees who experienced mobbing were clarified.

An employee subjected to mobbing may claim compensation for harm or damages from the employer.

Key financial rules from 5 November 2026:

• Lower claim threshold: compensation (or damages) for mobbing may not be lower than six times the minimum wage.
• Variable amount: the floor depends on the minimum wage in the year when the claim amount is set.
• Recourse: after paying the employee, the employer may seek recourse from the direct perpetrator.

To calculate the minimum benefit, take the minimum wage applicable in the year the claim is assessed and multiply by six. Six times the minimum wage is only the floor; the final amount depends on the individual case and the scale of harm.

8. What employers should do before 5 November 2026 and by 5 May 2027

Under Art. 94³a of the Labour Code, employers with at least 10 employees must set anti-mobbing rules in workplace regulations.

There is a 6-month transition period:

• 5 November 2026 – Labour Code amendment enters into force
• 5 May 2027 – deadline to adapt workplace regulations

Implementation checklist for HR and leadership

• Current-state audit: review procedures to remove the long-duration criterion and align with persistent harassment.
• Regulation updates: draft changes under Art. 94³a.
• Announce new rules: communicate updates to the whole team.
• Manager education: train managers on proper feedback and recognising persistent harassment.
• Reporting channels: ensure intake procedures are discreet and impartial.

More on documentation: Anti-mobbing regulations — template and implementation (separate guide in preparation) (PL).

9. FAQ: new mobbing rules 2026

When exactly do the new mobbing rules apply?

The Act of 19 June 2026 (Journal of Laws 2026 item 1046) applies from 5 November 2026 — three months after publication on 4 August 2026.

Must long duration still be proven to establish mobbing?

No. The new definition drops the long-duration requirement. What matters is persistence — repetitive, recurring or constant behaviour.

Which employers must put anti-mobbing rules in regulations?

Employers with at least 10 employees. They have until 5 May 2027 to adapt regulations.

What if harassment began before 5 November 2026?

The new rules also apply to behaviour that started earlier if it continued after that date.

What is the minimum compensation for mobbing under the new rules?

Compensation or damages may not be lower than six times the minimum wage. The final amount depends on the minimum wage that year.

Is a one-off harsh criticism from a boss mobbing from 5 November 2026?

No. One-off or incidental behaviour does not meet the persistence criterion. It may still be inappropriate, but it is not mobbing under the Labour Code.

10. Key takeaways

• New definition: from 5 November 2026 mobbing is persistent harassment of an employee, without proving long duration or specific effects.
• Broad catalogue: humiliation, isolation or undermining professional usefulness is mobbing when it is persistent harassment.
• Systematic duty: employers must prevent, detect, respond, remedy and support on an ongoing basis.
• Regulations by 5 May 2027: employers with 10+ people must update regulations within 6 months of the amendment.
• Financial floor: minimum compensation or damages equals six times the minimum wage that year, with employer recourse against the perpetrator.

Official sources: Journal of Laws 2026 item 1046 | Polish Government — protection against mobbing.

This article is for information only and is not legal advice.