TABLE OF CONTENTS:
1. Change in mobbing regulations
2. Compensation for mobbing
3. Pecuniary compensation for the harm suffered
4. The definition of mobbing in the Labour Code
5. Consequences of changing mobbing regulations
1. Change in mobbing regulations
On September 7, 2019, the amendment to the Act of June 26, 1974, the Labour Code, entered into force. A change in mobbing regulations seems to be the one of the biggest importance. Until now, the condition for claiming compensation for mobbing was that the employee terminated the contract as a result of mobbing. The above meant that the condition for rising the claim for mobbing compensation was the termination of the employment relationship by the employee and indication specific behaviours bearing the signs of mobbing as the reason for contract termination.
2. Compensation for mobbing
The current shape of the provision of article 943 § 4 of the Polish Labour Code allows to direct a claim for mobbing compensation also to an employee who is still in an employment relationship in the defendant. Therefore, at present, in order to claim compensation, an employee does not have to resign from their job, it is enough that they were subjected to mobbing. The compensation is awarded in an amount not lower than the minimum remuneration for work, determined on the basis of separate provisions.
3. Pecuniary compensation for the harm suffered
In addition to compensation, an employee may seek an appropriate amount of redress for harm suffered, if mobbing caused him a health disorder. The Supreme Court emphasized that the compensation is primarily of a compensatory nature, so its amount cannot be symbolic, but must have an economically appreciable value. At the same time, its height may not be excessive, but “appropriate” in the sense that it should (taking into account the harm of the injured party) be kept within reasonable limits corresponding to current conditions and the average standard of living. All circumstances affecting the extent of the harm suffered should be taken into account here. Compensation should therefore be holistic and include both physical and mental suffering, in addition suffering already experienced, as well as the one which will probably occur in the future (see: Supreme Court judgment on August 8, 2017, I PK 206/16, LEX No. 2333062).
4. The definition of mobbing in the Labour Code
In accordance with article 943 of the Code of Civil Procedure mobbing means actions or behaviours concerning an employee or directed against an employee, consisting in persistent and long-term harassment or intimidation of an employee, resulting in an underestimated assessment of professional suitability, causing or aiming to humiliate or ridicule an employee, isolate them or eliminate them from a team of co-workers. According to the Supreme Court, the length of harassment or intimidation of an employee within the meaning of art. 943 § 2 of the Code of Civil Procedure must be considered on a case-by-case basis and take into account the circumstances of the individual case. It is therefore not possible to rigidly indicate the minimum period necessary for mobbing (see: judgment of the Supreme Court of January 17, 2007, I PK 176/06, OSNP 2008, No. 5-6, item 58). Mobbing action may or may not be unlawful under other provisions. It must, however, be at least in some sense reprehensible, having no justification in moral norms or the principles of social coexistence.
5. Consequences of changing mobbing regulations
The change in mobbing regulations should be assessed positively. Under the current legal status, employees do not have to terminate the employment contract to assert their rights in court due to mobbing practices. Continuation of employment despite the initiation of legal proceedings against the employer will now depend on the decision of the employee.
