The widely discussed draft amendment to the Labour Code provides for a simplified definition of mobbing, among other things. It is now simply defined as the persistent harassment of an employee. Since June 2011, Article 190a of the Criminal Code has been in force, providing for a punishment of six months to eight years’ imprisonment for stalking, which also consists of persistently harassing another person. This has raised questions whether every instance of bullying in the workplace will automatically become a criminal offence.

Mobbing versus stalking

This will not be clear in all cases, but generally they will remain separate offenses. For stalking to be established, the persistent harassment must have the effect of making the victim feel threatened, humiliated or anguish, or substantially invade the victim’s privacy. While these effects are almost always present in cases of 'persistent harassment’, they must be proven in specific criminal proceedings.

Currently, mobbing can meet the characteristics of several offences, including threats, the infringement of an employee’s rights, insults and defamation. Aligning the definitions of mobbing and stalking would make it easier to combine proceedings and punishing perpetrators of mobbing in criminal proceedings.

Mobbing and compliance

The proposed amendment to the anti-mobbing legislation unequivocally decrees that employers should actively prevent bullying in the workplace. This prevention involves taking appropriate action, such as implementing policies, as well as setting an example from the top and fostering an appropriate organisational culture. Employers are also obliged to detect instances of mobbing and react to suspicions of mobbing by conducting internal investigations.

Find more articles in PRO HR June 2025.