Dudek said the new definition covers behaviour that is recurring, repeated or continuous, and may be physical, verbal or non-verbal. Such behaviour can come from a supervisor, colleague or subordinate, acting individually or as part of a group.
She stressed that employees will still have to prove mobbing in court and present evidence. This differs from discrimination cases involving a characteristic such as gender, where the employer bears the burden of showing that unlawful unequal treatment did not occur.
Not every form of workplace criticism or supervision constitutes mobbing. Dudek said justified criticism expressed appropriately and holding employees accountable for their work are not mobbing.
Under the new rules, an employee who has experienced mobbing can seek compensation from their employer of at least six times the minimum wage, as well as claim damages. An employer that pays compensation or damages will be able to seek reimbursement from the person whose conduct constituted mobbing.
Employers will not incur civil liability if they have effectively fulfilled their preventive obligations and the mobbing did not originate from a supervisor. In such cases, however, the employee will be able to seek compensation directly from the perpetrator.
Dudek said no more than 10 percent of all claims had previously resulted in compensation being awarded and expected that figure to increase.
“People who experienced abuse in the workplace were often unable to prove mobbing in court because of the narrow definition. An open-ended list of behaviours constituting mobbing will work in favour of those who experience abuse at work,” the expert said.
The amendment also clarifies provisions on discrimination. These include encouraging or instructing another person to breach the principle of equal treatment in employment, as well as unwanted conduct whose purpose or effect is to violate an employee's dignity and create an intimidating, hostile, degrading, humiliating or offensive atmosphere.
Such conduct may be physical, verbal or non-verbal and may constitute harassment. A person whose employer breaches the equal-treatment rules will be entitled to compensation of at least the minimum wage.
The new provisions take effect on 5 November. Employers have six months, until 5 May 2027, to develop and implement anti-mobbing standards and policies.
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Source: PAP