On July 2, 2020, an MP's draft amendment to the Labor Code was submitted to the Sejm. The draft provides for recognizing the differentiation of the amount of remuneration according to the employee's sex as one of the manifestations of mobbing. In the current legal...
On December 17, 2019, the District Court for Warsaw Praga-Południe in Warsaw, 6th Labor and Social Insurance Division, heard a case for compensation and damages in connection with mobbing, ref. No. VI P 898/13. In this case, the plaintiff was called by other...
A court ruling is not the only solution for resolving mobbing disputes between an employer and employee. The employer and the employee may strive for an amicable settlement of the dispute, inter alia, by participating in mediation. Mediation is a voluntary method...
Counteracting mobbing is defined in article 943 of the Labor Code as a duty of every employer. It should be noted that the employer is responsible for mobbing on the basis of risk and not fault. This means that in the event of a court dispute, he must show what...
The Supreme Court in the judgment of 23 January 2018 (reference number III PK 13/17) stated that the existence of close relations in the workplace between superiors and some employees negatively affects the objectivity of assessing the quality of work of individual...
In art. 18.3a § 6 of the Labor Code, the legislator included a legal definition of sexual harassment, which constitutes discrimination on the grounds of sex. According to this provision, sexual harassment is any unwanted conduct of a sexual nature or relating to...
According to Art. 943 § 3 of the Labor Code, an employee whose mobbing has caused a health disorder may claim an appropriate sum from the employer as compensation for the harm suffered. This provision creates a property mechanism for legal protection of the...
The 3rd Labor and Social Insurance Division of the Court of Appeal in Warsaw in its judgment of October 24, 2019 (reference number III APa 10/18) stated that even unfair but incidental criticism of an employee cannot be classified as mobbing. The very feeling of an...
An employee who has a health disorder caused by working conditions has the right to financial compensation, regardless of whether the tort fulfills the conditions for mobbing, harassment or other violation of personal rights. Based on the provision of art. 416 of...
Pursuant to the provisions of the Labor Code, the employment contract may be terminated by mutual agreement of the parties. This is associated with certain effects, including the case where the employer does not have to provide a justification for terminating the...