New definition of harassment

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ATTENTION! automatic translation from Polish

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The Ministry of Family, Labour and Social Policy has presented a draft amendment to the Labour Code, which was published on January 20, 2025, on the website of the Government Legislation Centre. The main aim of these changes is to more effectively counteract phenomena such as mobbing, discrimination, harassment, and sexual harassment, as well as to introduce new obligations for employers.

In the draft, the ministry proposes to clarify the definition of harassment. According to the new proposal, Article 183a § 5 point 2 (Labour Code, Journal of Laws 2025, item 277, as amended) will read:

„An act of discrimination within the meaning of §2 also includes: unwanted behaviour the purpose or effect of which is to violate the dignity of the employee and to create an intimidating, hostile, humiliating, degrading or offensive atmosphere towards him or her; such behaviour may consist of physical, verbal or non-verbal elements (harassment).”

The proposed changes are intended to ensure greater protection for employees regardless of the type of workplace—both in traditional workplaces and in companies operating on the basis of modern technologies or IT tools.