Labour law and HR Feedback or Mobbing? New Standards for Manager-Employee Communication

The New Definition of Mobbing in the Labour Code

The Act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure introduces significant changes regarding mobbing regulations. Under the new definition, mobbing refers to actions that entail repeated harassment of an employee. "Repeated" means behaviour that is recurring, systematic, or ongoing. Isolated incidents, even if they violate the employee's personal rights, will not be classified as mobbing.

The amendment lists examples of mobbing, including humiliation, denigration, intimidation, undervaluing professional competencies, unjustified criticism, belittling or mocking an employee. Mobbing may also include obstructing work tasks, impeding communication or access to information, as well as isolating or excluding an employee from the team.

When Is Feedback Not Considered Mobbing?

For managers, the draft Article 94(3) § 9 of the Labour Code is particularly important. It specifies that justified actions taken towards employees, especially task review or criticism conveyed in the appropriate form, will not constitute mobbing.

The amendment therefore confirms that both employers and managers retain the right to set expectations, assess performance, and point out mistakes. Two elements are critical: substantiated feedback and appropriate communication. Feedback should always reference specific behaviours, outcomes, or work standards—not personal traits. Irony, ridicule, threats, shouting, and public questioning of an employee’s competencies must be strictly avoided.

The specific context will also play a role. The amendment assumes that the assessment of mobbing must be individualized and take both the employer’s behaviours and the situation of the employee into account.

Internal Policies Are Not Enough – Prevention Is a Must for Every Employer

The new regulations require employers to systematically combat mobbing—including through preventive actions, early detection, adequate response, remedial steps, and support for those affected. This obligation applies to every employer, even those with fewer than 10 employees.

The 10-employee threshold, however, relates only to the requirement to establish rules, procedures, and frequency of preventive actions in the company’s work regulations (or collective agreement, if applicable). Employers will have six months from the entry into force to adjust internal regulations or to adopt a separate anti-mobbing policy.

This means that smaller organisations, while exempt from mandatory policies, are still obliged to implement active prevention. The key prevention tool is regular, practical training for managers and HR. Such training should cover identification of risky behaviour, reaction to employee signals, and how to draw the line between demanding management and mobbing. This can take the form of periodic courses for all employees, and—most importantly—for HR teams and management staff.

How to Prepare Managers for These Changes?

Documentation alone is not enough—compliance and workplace safety depend on everyday managerial practice. Objective performance evaluation and accountability remain fully permitted, provided they are communicated properly. The combination of well-designed procedures and practical training of managers is the best way to minimise legal disputes and unfounded mobbing allegations.

How Can We Support You?

Employers have six months from the entry into force of the new legislation to align their internal policies. We support companies in effective implementation through:

• “Work Regulations 2026” Package – adaptation of existing Work Rules or development of a dedicated Anti-Mobbing Policy, complete with reporting and investigation procedures and a set of document templates;
• Manager and HR Workshops – practical sessions focused on effective feedback, permissible criticism, goal setting without the risk of mobbing allegations, and efficient conflict resolution within teams.

Comprehensive organisational readiness ensures full compliance and safeguards your business against new financial risks.