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Lesson 7 of 8

Stress, psychosocial risk and bullying (mobbing)

Office work has risks you cannot see: time pressure, too many tasks, conflict and unclear duties. This lesson shows how to recognise them and what the law says about bullying.

Psychosocial hazards

Psychosocial hazards include, among other things:

  • excessive workload or unrealistic deadlines,
  • unclear roles: the employee does not know what they are responsible for,
  • lack of support from supervisors and colleagues,
  • no influence over how the work is done,
  • conflict and unfair treatment,
  • overtime, no rest, constant availability,
  • verbal abuse and threats from customers or members of the public.

The effects are chronic stress, sleep problems, poor concentration, headaches and back pain, and in time also burnout and heart disease.

The employer's duties

The employer assesses occupational risk (Article 226 of the Labour Code) and organises work so that it is safe and hygienic (Article 207 § 2). This also means taking mental strain into account. For workstations with monitors, the assessment covers the mental strain resulting from the organisation of work (1998 regulation, § 5). For remote work, the assessment covers in particular the effect of work on the eyes, the musculoskeletal system and psychosocial factors.

What an employee can do

  • Talk about overload early, before it becomes a problem. A conversation with your supervisor is the first step.
  • Plan tasks and set priorities.
  • Take breaks and use your leave.
  • Look after the boundary between work and private life.
  • Use available help: a doctor, a psychologist, support programmes if the company has them.
  • Report problems to the BHP service or to the person designated by the employer.

Bullying (mobbing): the definition

The rules on mobbing change on 5 November 2026 (the act of 19 June 2026, Dz.U. 2026, item 1046). Until 4 November 2026, Article 94³ of the Labour Code refers to persistent and long-lasting harassment or intimidation of an employee. This lesson describes the new wording, which applies from 5 November 2026.

Under the new Article 94³ § 2, mobbing is the persistent harassment of an employee. Persistent means that the behaviour is repeated, recurs or is continuous. Incidental behaviour is not mobbing (§ 3). Harassment may consist, among other things, of humiliating, ridiculing or intimidating the employee, unjustified criticism, making work difficult, understating their professional usefulness, or isolating and excluding them from the team (§ 4). It may be physical, verbal or non-verbal (§ 5).

Important points of the new definition:

  • What counts is the nature of the behaviour itself. It does not have to be shown that anyone intended to harm the employee (§ 7).
  • Mobbing can be committed by the employer, a supervisor, a colleague, a subordinate, and also a person who works on a basis other than an employment contract (§ 8).
  • Justified criticism of work, expressed in an appropriate form, is not mobbing (§ 9).

An ordinary quarrel, a one-off rudeness or a demanding manager is not mobbing. What counts is the persistence of the behaviour.

Examples of mobbing: constant ridicule in front of others, taking tasks away for no reason, isolating someone from the team, threats, spreading gossip.

The employee's rights

  • The employer must systematically counter mobbing: prevent it, detect it, respond, remedy its effects and support those affected (Article 94³ § 1).
  • An employer who employs at least 10 people sets out the rules for countering mobbing in internal rules (Article 94³a).
  • An employee who has been subjected to mobbing may claim compensation for harm (zadośćuczynienie) of not less than six times the minimum wage, or damages (§ 11).
  • An employer who has paid may claim reimbursement from the perpetrator (§ 12).

Claims are pursued before the labour court. The employee usually has to prove the facts, which is why it is worth writing things down.

What to do if mobbing happens

  1. Write down dates, places, witnesses and what happened. Keep the messages.
  2. Report the matter to your supervisor, the HR department or the person designated in the company. The employer should clarify the matter.
  3. You can seek support from a trade union, a doctor or a lawyer.
  4. You can turn to the National Labour Inspectorate.
  5. Do not respond in kind, and do not leave the matter without a trace.

Mobbing is different from discrimination and harassment, which have separate rules. If in doubt, it is worth taking legal advice.

Summary

  • Psychosocial risk is part of the occupational risk assessment.
  • From 5 November 2026, mobbing is persistent harassment: behaviour that is repeated, recurring or continuous (Article 94³ § 2–3).
  • The employer must counter it. The employee may be entitled to compensation for harm and damages.
  • It is best to document events and report the matter quickly.

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