Changes to mobbing rules and digitalisation in Polish labour law
Mobbing
On 3 February 2026, a new draft amendment to the Polish Labour Code and the Polish Code of Civil Procedure (draft no. UD183) was published on the website of the Government Legislation Centre. The draft concerns mobbing (workplace bullying). What has changed compared to the previous version of the draft?
Employer liability
Under the updated draft, an employee who has experienced mobbing will be entitled to claim from the employer damages or compensation for harm in an amount not lower than six times the statutory minimum wage (reduced from twelve times in the previous version).
At the same time, an employer who pays an employee compensation or damages due to mobbing will be entitled to seek from the person whose conduct constituted mobbing reimbursement for the loss incurred.
The current version of the draft does not provide for an option to release the employer from liability by demonstrating effective preventive measures. As a result, the employer would bear civil liability for mobbing regardless of whether anti-mobbing procedures have been implemented and regardless of whether the employer had knowledge of the perpetrator’s behaviour. In the previous version of the draft, a mechanism was proposed that is known from the case law of the Polish Supreme Court (i.e., an employer who could prove it had taken steps to prevent mobbing could avoid civil liability).
Preventing undesirable conduct in the workplace
An employer employing at least 9 employees will be required, by way of an internal notice/announcement, to define the rules, procedures and frequency of actions in the following areas:
- preventing violations of an employee’s dignity and other personal rights,
- preventing breaches of the principle of equal treatment in employment,
- preventing discrimination, and
- preventing mobbing,
provided these rules, procedures and the frequency of actions are not set out in a collective labour agreement, or where the employer does not have workplace regulations in force.
The phrase “in particular” was added to the list of actions recognised as mobbing prevention measures, which means the list is not closed. An analogous solution is provided in the provisions on preventing discrimination.
The draft has been referred for consideration by the Council of Ministers.
Polish Labour Code amendments effective from 27 January 2026
On 12 January 2026, the Journal of Laws published an act amending the Labour Code and the act on the Company Social Benefits Fund (Zakładowy Fundusz Świadczeń Socjalnych, ZFŚS). The new provisions are already in force — they entered into effect on 27 January 2026.
The amendment introduces changes in three areas:
- the timing of payment of the cash equivalent for unused annual leave,
- employee representation in matters concerning the Company Social Benefits Fund,
- the digitalisation of selected labour-law formalities.
Cash equivalent for unused annual leave
Until now, the claim for payment of the cash equivalent for unused annual leave became due on the last day of employment.
Under the amendment, the employer pays the cash equivalent on the regular salary payment date. However, if the salary payment date falls before the employment relationship ends, the equivalent should be paid within 10 days from the date employment ends.
Company Social Benefits Fund (ZFŚS)
For employers where no workplace trade union organisation operates, the participation of employee representatives in matters concerning the Company Social Benefits Fund (ZFŚS) has been expanded.
Previously, arrangements concerning, among other things, the ZFŚS rules or the amount of the contribution to the Fund were made with the participation of one employee. Following the changes, the arrangement/consultation process must involve at least two employees, elected to represent the workforce.
Ongoing digitalisation
The new provisions allow selected labour-law actions to be carried out in paper or electronic form, instead of the previously required written form. This applies, among other things, to:
- consultation with a workplace trade union regarding the intention to terminate an employment contract,
- an application to establish an individual working time schedule,
- an application to apply a shortened working week system or weekend work,
- an application to apply a flexible (variable) working time system,
- an application for time off to attend to personal matters and for time worked as overtime,
- an application to notify the competent regional labour inspector of employing employees who work at night,
- an application for unpaid leave,
- the employer’s instructions and guidance for familiarising employees with occupational health and safety rules and regulations.
Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office
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