There will be big changes in the Labor Code: family resort, work and social policy wants to introduce changes in two spheres: mobbing and discrimination at work. As he emphasizes Minister Agnieszka Dziemianowicz-Bąkthe main goals of the changes are “employee protection against inappropriate behavior, but also against false accusations from superiors.
The definition of mobbing needs to be changed: It is expected to appear in the draft bill new definition of mobbing. Currently it is defined in Art. 94(3) par. 2. Labor Code. This includes: “actions or behavior relating to an employee or directed against an employee, consisting of persistent and long-term harassment or intimidation of an employee.” After the change, the definition will be as follows: “Mobbing means behavior consisting in persistent harassment of an employee. Persistence of harassment means that it is repeated, recurrent or permanent.”
What is mobbing? According to money.pl, which has access to the draft act, the changes will introduce an open catalog of grounds specifying what is mobbing?. In particular:
- humiliation or insult;
- bullying;
- underestimating professional suitability;
- unjustified criticism, humiliation or ridicule;
- isolating the employee.
Importantly, courts are not to examine whether mobbing was an intentional act, or not – it is enough to establish the fact that it occurred.
Compensations and new employer obligations: Currently an employee who suffered mobbing or, e.g., as a result, he terminated the employment contract, is entitled to compensation in an amount not lower than minimum wage. After the changes it would be like this minimum wagebut for a period of 6 months. Companies will be obliged not only to counteract discrimination in employment, but also to combat “unequal treatment” due to “performance remote work or refusal to perform it.” Moreover, it is also to be detailed definition of discrimination and harassment.
See also: About the phenomenon of mobbing in sports read in the text entitled “Mobbing in football locker rooms? Why is the coach shouting and the players sitting with their heads hanging?”.
Source: Money.pl