Labour law and HR HR Alert: workplace mobbing redefined. What does the draft Labour Code amendment mean for employers?

The draft amendments to the Labour Code may significantly increase employers’ legal exposure. The new provisions not only broaden anti-mobbing obligations, but also introduce higher financial claims and procedural facilitations for employees.

For many organisations, this will require an urgent review of internal procedures, HR policies and daily people-management practices. Importantly, businesses are expected to have only six months from the entry into force of the new provisions to align with the new requirements.

New definition of workplace mobbing – greater clarity of the rules

The draft refines the statutory definition of workplace mobbing. Under the proposed provisions, mobbing is to mean persistent harassment of an employee. The legislator clarifies that “persistence” refers to conduct that is repeated, recurring or continuous.

At the same time, the draft expressly excludes one-off, incidental behaviours from the definition – even if they infringe the employee’s personal rights.

According to the draft, the following, in particular, may be treated as manifestations of mobbing:

• humiliating or degrading the employee,

• intimidation,

• unfair downgrading of the employee’s professional suitability,

• unjustified criticism,

• belittling or ridiculing the employee,

• obstructing the employee’s functioning in the work environment,

• isolating the employee or excluding them from the team.

The draft clearly states that the source of mobbing may not only be the employer or a manager, but also a co-worker, a subordinate or a person engaged under a civil law contract – acting either individually or as a group.

At the same time, the legislator emphasises that justified actions expressed in an appropriate form – in particular constructive feedback or legitimate enforcement of employee duties – should not be treated as mobbing.

In practice, however, this means that managerial communication, methods of giving feedback and the way employee errors are documented may become subject to much closer judicial scrutiny than before.

Higher financial exposure and easier pursuit of claims

The draft also provides for a significant increase in employers’ financial risk.

The minimum compensation for workplace mobbing is to amount to at least six times the statutory minimum wage. Irrespective of this, the employee will still be able to seek damages under general civil law principles.

The new provisions also introduce:

• a possibility for the employer to seek recourse claims against the perpetrator of mobbing,

• an obligation for the court to examine whether, in addition to mobbing, there has also been another infringement of the employee’s personal rights,

• higher sanctions for breaches of the principle of equal treatment.

A key change also concerns court proceedings. In cases involving breaches of the principle of equal treatment, it will be for the employer to demonstrate to the court that no violation of the law has occurred.

For businesses, this will require a much stronger focus on documenting internal activities, HR procedures and how the organisation responds to employee reports.

New employer obligations – procedures and compliance will become a necessity

The draft imposes a clear obligation on employers to act actively and continuously to prevent workplace mobbing.

This is no longer about merely having a formal anti-mobbing policy in place. Employers will be required to implement genuine preventive measures, detect irregularities, take remedial action and support individuals affected by mobbing.

The amendment also reinforces the obligation to protect employees’ dignity and other personal rights – including in the area of communication, the employee’s standing within the team and the way their work is assessed.

Particularly important may be the new rules governing employers’ documentation duties. Under the draft, employers with at least nine employees will be required to set out in their work regulations the rules, procedures and frequency of activities relating to:

• preventing infringements of employees’ dignity and other personal rights,

• preventing breaches of the principle of equal treatment,

• preventing discrimination,

• preventing workplace mobbing.

In addition, the content of these documents will need to be agreed with trade unions or employee representatives.

In practice, this means that many organisations will have to redesign their existing HR procedures and implement solutions that make it possible to demonstrate due diligence in the event of a potential court dispute.

How can we help?

Although the draft is still going through the legislative process and its final wording may yet change, it is worth starting preparations early.

The sooner an organisation adjusts its procedures and day-to-day practices, the easier it will be to mitigate the risk of employee disputes and financial liability once the new provisions come into force.

Our law firm supports employers in preparing their organisations for new labour law obligations, in particular through:

• audits of anti-mobbing procedures and work regulations,

• drafting and implementing internal policies,

• preparing reporting and investigation procedures,

• training for managers, HR and employees,

• support in negotiations with trade unions and employee representatives,

• advice in employment disputes and internal investigations.

The new provisions may materially change the standards of employer liability. That is why preparing the organisation before the changes enter into force may prove crucial – both from a compliance perspective and in terms of limiting litigation risk.