Persistence is defined as behaviour that is repetitive, recurring or continuous. One-off incidents are excluded, even if they violate the employee’s personal rights.

The amendment of 19 June 2026 will enter into force three months after its publication (the exact date is not yet known) and provides a transition period of months in which to adapt internal regulations (collective labour agreements/workplace rules) or to introduce new policies/procedures.

• There will be a catalogue of examples of mobbing (humiliation, degradation, intimidation, unjustified criticism, hindering work performance, isolating an employee from the team, etc.), provided that they take the form of persistent harassment.
• Mobbing also includes instructing or encouraging another person to engage in such behaviour.
• The perpetrator may be an employer, supervisor, co-worker, subordinate, another employee, or a person performing work on a basis other than employment (e.g. B2B contractor, mandate contract), whether acting individually or as part of a group.
• Justified and appropriately expressed behaviour (e.g. performance management, criticism) is excluded from the definition of mobbing.

The minimum compensation for non-pecuniary damage is set at six times the minimum wage.
The employee may claim higher compensation.

An employer who has paid compensation may seek recourse from the perpetrator. The amount of the recourse will correspond to the degree of fault of both the perpetrator and the employer in causing the damage.

The employer is obliged to systematically prevent mobbing, in particular through preventive measures, detection of mobbing, appropriate response, remedial actions, and support for those affected by mobbing. The same applies to preventing violations of the principle of equal treatment.

Employers with at least 10 employees are required to establish a separate anti-mobbing policy (or to include it in a collective agreement or workplace regulations).

The employer’s policy must specify:

• rules, procedures and frequency of actions in four areas:
  • prevention of violations of dignity and other personal rights,
  • prevention of breaches of equal treatment in employment,
  • prevention of discrimination,
  • prevention of mobbing;
• the content of the policy must be agreed in advance with:
  • all workplace trade union organisations, and if no agreement is reached, then with representative organisations representing at least 5% of the employees, with the possibility of unilateral adoption after 30 days, taking into account prior arrangements;
  • in the absence of trade unions, with employee representatives selected in accordance with the procedure adopted by the employer.

Find more articles in PRO HR June 2026