The obligation to counteract workplace bullying rests with the employer and arises from the fundamental requirement to respect the employee’s dignity. This is one of the key obligations of each employer in Poland.

Definition of workplace bullying 
Workplace bullying includes acts or behaviour in relation to an employee or directed against an employee, with the effect of persistent and long-term harassment or intimidation of an employee, resulting in a decreased evaluation of his professional abilities, or which is aimed at or results in the humiliation or ridicule of the employee, or the isolation or elimination of the employee from the group of co-workers.

The interpretation of this definition poses many difficulties in practice. This is due to the imprecise language used by the legislator. Many employees interpret unpleasant or demanding actions by superiors as workplace bullying, although they do not always meet the criteria included in the legal definition. Proving workplace bullying in practice is complicated. A social debate is underway on simplifying the definition of this phenomenon and imposing additional obligations on employers to prevent workplace bullying.

All criteria of bullying must be met cumulatively. This means that single action, even if illegal, will not be considered workplace bullying, if it is not of a long-term nature or does not lead to a humiliation or decreasing evaluation of professional ability.

Importantly, the burden of proof in workplace bullying cases rests mainly with the employee. It is the employee who has to prove that specific actions meet all criteria for workplace bullying. If the employee demands compensation, he or she must also prove health problems and a cause-and-effect relationship between the bully’s actions and his or her health.

Employer’s obligations
The regulations do not specify what precise steps should be taken by the employer in order to prevent workplace bullying. It is up to the employer to choose appropriate tools and solutions which will be assessed in terms of diligence and potential effectiveness. When planning action the specificity of the work environment, relations between employees, the level of risk, and the history of previous incidents must be taken into consideration.

Examples of actions counteracting workplace bullying include:

• creating procedures against bullying;
• effective familiarisation of employees with procedures, especially during onboarding;
• regular training on bullying, preferably culminating in tests;
• enabling anonymous reporting of suspected bullying;
• fair consideration of all reports, including anonymous reports;
• taking specific organisational and disciplinary measures against persons guilty of bullying;
• providing information to informers about the results of procedures, while ensuring confidentiality and the protection of personal rights.

No reports of workplace bullying does not automatically imply the effectiveness of adopted measures. Often it is a sign of employees’ distrust of the procedures. This should be treated as a warning sign and recovery measures should be adopted.

It should be emphasised that counteracting workplace bullying is not an obligation of result, but of diligent conduct. The employer is not responsible for complete elimination of workplace bullying, but for undertaking action which counteracts it realistically and effectively.

Claims of an employee – a victim of bullying
An employee who experienced workplace bullying has the right to make two kinds of claims against the employer:

• Compensation – of no less than minimum pay (in 2025 it is PLN 4,666 gross, that is approximately EUR 1080). Importantly, the employee may demand compensation even if the employment contract has not been terminated. 
• Non-pecuniary damages – if workplace bullying caused health problems, the employee may demand payment of an appropriate amount of money to compensate for harm suffered.

The Labour Code does not exhaust all possibilities of pursuing claims by an employee. They may also arise from violation of personal rights and criminal liability or liability for a petty offence of the bully.

Preventing workplace bullying as a part of the Compliance system
Preventing workplace bullying is an integral element of the compliance system in an organisation. Its aim is to ensure the compliance of the company’s operations with the regulations of the labour law, as well as civil and criminal law. The employer, while ensuring an appropriate work environment, creates bullying-free conditions which is a part of a broadly defined safety and health at work.

It is difficult to imagine an effective compliance system without the implementation of procedures preventing bullying and harassment. Companies which neglect this aspect expose themselves to legal risk, but also to a loss of trust on the part of the employees and their reputation in the labour market.

Considerate and consistently implemented anti-bullying measures are not only a legal requirement, but also a crucial element of responsible management of human capital in any organisation.
 

Find more in the PRO HR Year Book 2024.