The aim of these changes is to simplify definitions while grounding them in existing case law and practice, to prioritize prevention, and—above all—to ensure greater and more effective protection in the workplace.

1. A New Approach to Understanding Mobbing and Discrimination

 Under the new regulations, mobbing is defined primarily as the persistent harassment of an employee—regardless of the consequences, the perpetrator’s motives, or the identity of the person engaging in the conduct. The “persistent” nature of the harassment implies that it is repetitive, recurring, or continuous. Isolated incidents do not constitute mobbing, even if they violate an employee’s personal rights. A list of specific manifestations of mobbing—behaviors recognized as mobbing—has also been established. This list is illustrative rather than exhaustive. This means that behaviors not explicitly listed may also be deemed mobbing; the crucial factor in all cases is that the conduct must amount to persistent harassment. The list includes behaviors such as humiliation, disparagement, intimidation, and the isolation or exclusion of an employee from the team.

The amendment also expands regulations concerning equal treatment by introducing the concepts of discrimination based on assumption and discrimination by association. At the same time, the legislator has clarified that not every differentiation in employees’ situations constitutes discrimination; differential treatment based on objective and lawful grounds remains permissible.

2. New employer obligations

 Systematic prevention of workplace bullying and unequal treatment in employment

Employers will be required, in particular, to:

• implement preventive measures,
• detect instances of workplace bullying and unequal treatment in employment,
• respond appropriately to reports,
• take corrective actions,
• provide support to individuals who have experienced workplace bullying or unequal treatment in employment.

Important

Merely issuing a policy and remaining passive is not enough. Employers must undertake and document preventive measures—that is, take real action to counter such undesirable incidents.

3. New internal regulations

Any employer with at least 10 employees must establish rules, procedures, and the frequency of actions regarding the prevention of workplace bullying (mobbing), discrimination, and the violation of personal rights.

These new regulations may be included in:

• workplace regulations or a collective bargaining agreement,

or

• a separate set of regulations.

They must be agreed upon with trade unions or, in their absence, with employee representatives.

Important

The document should contain not only a declaration that the employer takes measures against bullying and unequal treatment but also specific rules, procedures, and the frequency of actions aimed at preventing such undesirable situations.

4. Higher penalties for employers

 The minimum compensation for bullying will be six times the minimum wage, while for repeated discrimination, it will be three times the minimum wage. Additionally, the employee will be entitled to claim damages.

5. Effective dates of the changes

 The Act is set to enter into force three months after its promulgation.

• Employers will have six months from the Act’s entry into force to adjust their workplace regulations or collective bargaining agreements, or to issue the new regulations referred to in point 2.
• The new provisions will also apply to conduct involving repeated violations of the principle of equal treatment regarding an employee, as well as persistent harassment of an employee, where such conduct began before the Act entered into force and continued thereafter.

6. Recommended actions

 Updating documentation: It is advisable to conduct an immediate audit of your organization’s existing procedures and practices regarding workplace bullying, equal treatment, and the infringement of personal rights. The purpose of this audit is to determine whether—and to what extent—current procedures need to be modified to comply with the new regulations.

• Preparing an implementation schedule, including:
• Consulting on procedural changes with trade unions or employee representatives.
• Staff training: It is worth planning awareness-raising training sessions—with a particular focus on management—to explain the new obligations as well as the associated legal and financial consequences.

•          Preventive measures: Ensure that employees are regularly informed about the risks and consequences of workplace bullying.