The Sejm has passed an amendment to the Labour Code concerning workplace harassment and discrimination.
The changes introduce a broader definition of the concept itself, new forms of harassment, clearer definitions of what constitutes, for example, sexual harassment, and new rules governing the handling of such cases, including the reversal of the burden of proof, higher compensation awards, and the jurisdiction of district courts.
The provisions will enter into force on 5 November 2026. We examine what will change and how much time remains to adapt company documents, policies, and the organisation as a whole.
A broader definition of workplace harassment will be introduced
The Act[1] fundamentally overhauls the existing definition of workplace harassment (mobbing). It still refers to persistent — that is, repetitive, recurring, or continuous — harassment of an employee, which may include, amongst other things, humiliation, disparagement, intimidation, undervaluing of professional competence, unjustified criticism, belittling or ridiculing, isolation within a team, or hindering the employee’s ability to perform their duties.
A significant change is that certain conduct may be classified as mobbing even where its purpose was not to persistently harass an employee, as what matters is the effect itself. Harassment may be perpetrated not only by a line manager, but also by a co-worker, a subordinate, or a person working on a basis other than an employment contract, whether acting alone or as part of a group.
New forms of discrimination
The Labour Code will introduce two new concepts:
- Discrimination by assumption — where an employer wrongly attributes a particular characteristic to an employee
- Discrimination by association — where a person is treated less favourably because of their connection to another person
Employers will also be required to systematically prevent breaches of the principle of equal treatment, just as they are already required to do in the case of workplace harassment.
A more precise definition of harassment will be introduced
The amendment also refines the definition of harassment (molestowanie).
It will be defined as any unwanted conduct whose purpose or effect is to violate the dignity of an employee and to create an intimidating, hostile, degrading, humiliating, or offensive environment for that person. Such conduct may consist of physical, verbal, or non-verbal elements.
Reversal of the burden of proof in discrimination cases
An employee will only be required to establish a prima facie case of a breach. It will then fall to the employer to prove before the court that no discrimination actually took place.
Importantly, this change does not apply to claims of workplace harassment. The evidentiary rules in such cases remain unchanged.
Protection against retaliation
The amendment also introduces protection against retaliation.
The fact that an employee exercises rights arising from a breach of employment law must not constitute grounds for any unfavourable treatment or result in negative consequences, including termination of their contract.
This protection also extends to anyone who has provided support to a person asserting their rights. In the event of a breach of these rules, the employee concerned is entitled to compensation of an amount no less than the national minimum wage, or to damages.
Mandatory anti-harassment policy
Companies employing at least 10 persons will be required to introduce rules and procedures to prevent:
- Violations of an employee’s dignity and other personal rights
- Violations of the principle of equal treatment in employment, as well as discrimination and workplace harassment
These rules may be incorporated into a collective labour agreement, workplace regulations (regulamin pracy), or a separate set of regulations issued pursuant to Article 94[3a] of the Labour Code.
The regulations must be agreed with the trade unions or employee representatives. If no agreement is reached within 30 days, the employer shall determine the content of the regulations independently, taking into account any prior arrangements reached with the in-house trade union organisations or employee representatives in the course of the consultation process.
Higher compensation and right of recourse
The minimum compensation award for workplace harassment will increase to six times the national minimum wage.
Such compensation will also be introduced in discrimination cases and will be no less than the national minimum wage; in cases of repeated infringements, it will be no less than three times that amount.
An employer who pays compensation on this basis will be entitled to claim reimbursement from the perpetrator for the loss suffered, in an amount corresponding to the respective degrees of fault of the perpetrator and the employer in bringing about that loss.
Cases will be heard by district courts
Civil procedure will also change.
Cases concerning workplace harassment, discrimination, and infringement of an employee’s personal rights will be assigned to district courts (sądy rejonowe), regardless of the value of the claim. Furthermore, the court will not be able to dismiss a claim on the grounds that the facts of the case would suggest a legal basis for the claim other than that invoked by the employee.
How much time does your company have?
The Act enters into force on 5 November 2026. From that date, employers will have six months (i.e. until 5 May 2027) to amend their workplace regulations.
Please note: the new provisions will also apply to situations that commenced before the entry into force of the Act but continue beyond that date.
What you should do now
- Review existing anti-harassment and anti-discrimination policies
- Draft or update the internal regulations pursuant to Article 94(3a) of the Labour Code
- Schedule consultations with trade unions or employee representatives
- Train management and HR teams to recognise workplace harassment
- Implement procedures for reporting and investigating employee complaints, so as to minimise the risk of litigation
The amendment significantly increases the financial and litigation exposure of employers, and the six-month implementation window may prove insufficient if companies delay taking action until after the Act enters into force.
It is therefore advisable to review current procedures today and prepare a set of regulations that comply with the new requirements.
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[1] Act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure (Journal of Laws 2026, item 1046)