Trade unions can go to court to revoke anti-mobbing policy

2024.04.23

The Supreme Court so ruled in the judgment of 19 March 2024 (III PSKP 8/23). The demand for revocation can be made, for example, on the grounds that the policy conflicts with the law. The Supreme Court also confirmed that the current provisions of Polish law do not impose an obligation on employers to establish such a policy, although they should counteract mobbing (which the Labour Code obliges them to do), in particular by training employees, informing them of the danger and consequences of mobbing, or using procedures to detect and put an end to it.


The judgment does not imply an obligation on the part of the employer to consult or agree on an anti-mobbing procedure with the trade unions or other employee representation. This, however, may change once the whistleblower protection act comes into effect.
 

Find more in the PRO HR April 2024.