Mobbing at work: what evidence to collect and where to get help?

Author: inspekcja-pracy.pl editorial teamChecked: 15 October 2026

Short answer

Until 4 November 2026, mobbing (workplace bullying) is "persistent and long-lasting" harassment or intimidation with the effects described in Article 94(3) § 2 of the Labour Code (Kodeks pracy), and from 5 November 2026 (Dz.U. 2026 poz. 1046) harassment that is repeated, recurring or constant is enough, without proving the perpetrator's purpose. It is you who must prove the facts, so collect evidence from the first incident: notes with dates, messages, witnesses, medical records. The National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) can inspect whether the employer counteracts mobbing, but it does not rule on whether mobbing took place. That, and compensation for non-pecuniary harm (zadośćuczynienie), are decided by the labour court.

This matter usually requires an individual legal assessment. The guide explains the rules, but the outcome depends on documents and circumstances. Before an important decision, consult a lawyer or a trade union, or use free PIP advice. PIP legal advice.

In this guide: What mobbing is under the Labour Code, what changes on 5.11.2026, how to collect evidence, what the PIP can do and what the labour court decides.

Who this applies to

This guide is for a person employed under an employment contract (umowa o pracę) who feels harassed by a manager, co-workers or subordinates. The provisions on mobbing in the Labour Code protect employees. If you work under a contract of mandate (umowa zlecenia) or in a B2B model, you can defend yourself using the Civil Code (KC) provisions on personal rights (Articles 23, 24 and 448 KC), not with claims under Article 94(3) of the Labour Code.

What is mobbing and what is not

Current definition (until 4.11.2026). Mobbing means actions or behaviour towards an employee consisting of persistent and long-lasting harassment or intimidation, which cause an understated assessment of professional suitability, cause or are intended to cause humiliation or ridicule, isolation or elimination from the team (Article 94(3) § 2 of the Labour Code).

New definition (from 5.11.2026). Mobbing means behaviour consisting of persistent harassment of an employee. Persistence means that the harassment is repeated, recurring or constant. The Act lists examples:

humiliating and degrading,
intimidating,
understating the assessment of professional suitability,
unjustified criticism, belittling or ridiculing,
obstructing work, e.g. cutting off from information, tasks, contact with the team,
isolating or eliminating from the team.

The behaviour may be physical, verbal or non-verbal. Ordering or encouraging others to engage in such behaviour is also mobbing. The perpetrator may be the employer, a manager, a colleague, a subordinate, or even a person working on a basis other than an employment contract. The perpetrator's purpose does not have to be proven (new Article 94(3) § 4-8 of the Labour Code).

What is not mobbing. Under the new provisions, incidental behaviour is not mobbing, even if it violates your personal rights. Nor is justified criticism and holding someone accountable for their work expressed in an appropriate form (new Article 94(3) § 3 and 9). A one-off conflict, a sharp exchange of words or a strict but factual assessment of results is usually not mobbing. A single violation of dignity may, however, violate personal rights, which the employer must respect (Article 11(1) of the Labour Code).

Discrimination and harassment are something else. Discrimination is worse treatment because of a characteristic, e.g. sex, age, disability, religion, sexual orientation, type of contract or working hours (Article 18(3a) § 1 of the Labour Code). Harassment is unwanted behaviour that violates dignity and creates a hostile or humiliating atmosphere (Article 18(3a) § 5(2) of the Labour Code), and sexual harassment additionally has a sexual nature or relates to sex (§ 6). Harassment is a form of discrimination and, unlike mobbing, does not have to be persistent. If the worse treatment is linked to such a characteristic, also consider discrimination claims. In these cases the employer must show that it was guided by objective reasons (Article 18(3b) § 1 of the Labour Code).

What to do

Start taking notes immediately. Record every incident: date, time, place, who, what exactly they said or did, who saw it, how you reacted. The incident log will help with this. Notes written on an ongoing basis are more credible than those written down months later.
Keep what you received lawfully. E-mails and messages addressed to you, work instructions, rotas, periodic appraisals, changes to your scope of duties. Take screenshots with the date and sender visible. Do not copy company documents you have no access to, or other people's data.
Identify witnesses. Write down who was present at the incidents. Witnesses are often afraid to testify, so do not base your case solely on them.
Look after your health and document it. If the situation affects your health, see a doctor or psychologist and say what is happening at work. Under the current Article 94(3) § 3 of the Labour Code, compensation for non-pecuniary harm for mobbing requires proof of a health disorder. From 5.11.2026 this condition disappears, but medical records may still matter for the amount of the claims.
Report the matter within the company in writing. Check the work regulations or the anti-mobbing procedure and file a report in the manner described. If there is no procedure, write to the employer or the HR department (by e-mail or by letter with confirmation of receipt). Describe facts, not opinions. Keep a copy. Such a report shows that the employer knew about the problem.
If the employer does not react, file a complaint with the PIP. Describe specific incidents, dates and the fact that the internal report had no effect. See How do you file a complaint to the National Labour Inspectorate? and Will the employer find out who filed a complaint with the PIP?
Use free advice. The PIP provides labour law advice, also in mobbing cases. See How do you get free legal advice from the PIP? and helplines.
Consider a claim in the labour court. You bring a claim for compensation for non-pecuniary harm or for compensation for mobbing against the employer, even when the perpetrator is a co-worker. An employee bringing a claim as a rule does not pay court fees (Article 96(1)(4) of the Act on court costs in civil cases).

What the PIP can and cannot do

The employer is obliged to counteract mobbing (Article 94(3) § 1 of the Labour Code). From 5.11.2026 it must do so systematically: through prevention, detection, response, remedial action and support for people affected by mobbing.

According to the PIP website:

the inspector checks whether the employer counteracts mobbing, including whether it has anti-mobbing procedures and whether they were used,
the inspector may question the complainant and witnesses and examine documents,
the inspector may issue post-inspection recommendations (wystąpienie) or an instruction (polecenie) to remedy violations,
the inspector cannot determine in a binding way that mobbing took place, or award money; that is for the court,
the inspector notifies law enforcement authorities of a suspected crime. The Criminal Code provides for a penalty for malicious or persistent violation of an employee's rights (Article 218 § 1a of the Criminal Code).

If the complaint turns out to be justified, information from the PIP may be one piece of evidence in court. The court, however, assesses all evidence on its own.

Labour court: claims before and after 5.11.2026

Issue	Until 4.11.2026	From 5.11.2026
Compensation for non-pecuniary harm (zadośćuczynienie)	"an appropriate sum" when mobbing caused a health disorder (Article 94(3) § 3)	at least six times the minimum wage, without the health disorder condition (new § 11)
Compensation (odszkodowanie)	at least the minimum wage, when you suffered mobbing or terminated the contract as a result of it (§ 4)	compensation from the employer on general principles (new § 11)
Termination of the contract by the employee	written statement giving the reason (§ 5)	no separate provision in Article 94(3); Article 55 § 1(1) of the Labour Code remains
Court	labour court	district court (labour court) regardless of the value of the dispute (Article 461 § 1(1) of the Code of Civil Procedure (KPC) as amended)

The minimum wage in 2026 is PLN 4,806 (Dz.U. 2025 poz. 1242).

Transitional provisions. The new provisions also apply to harassment that began before 5.11.2026 and continued after that date (Article 3 of the Act of 19.06.2026). Court cases initiated and not concluded before 5.11.2026 are governed by the existing provisions of the KPC (Article 5). The Act does not expressly say which rules apply to harassment that ended before 5.11.2026. It can be inferred from Article 3 that the former Article 94(3) then applies, but the Act does not settle this and it requires assessment in the specific case.

Termination of the contract because of mobbing. An employee may terminate the contract without notice when the employer has seriously breached its basic obligations towards the employee. The employee is then entitled to compensation equal to the remuneration for the notice period (Article 55 § 1(1) of the Labour Code). You make the statement in writing giving the reason, and the deadline is one month from learning of the circumstance justifying termination (Article 55 § 2 in conjunction with Article 52 § 2 of the Labour Code). Whether specific behaviour is a serious breach is assessed by the court. Do not take this step without advice.

Recording conversations

A recording can be evidence, but it is a risky measure. The court may or may not admit it, depending on the circumstances. Do not install a bugging device and do not record conversations you are not taking part in: the Criminal Code penalises installing or using an eavesdropping device to obtain information one is not entitled to (Article 267 § 3 of the Criminal Code). Do not publish recordings online, because you may violate other people's personal rights or data. Before you start recording, ask a lawyer or a PIP inspector during an advice session.

When to see a lawyer

Mobbing cases almost always require individual assessment. Get help from a lawyer (an advocate, a legal adviser, a trade union or free PIP advice) when:

you are thinking of terminating the contract without notice because of mobbing,
you are preparing a claim for compensation for non-pecuniary harm or compensation,
the harassment began before 5.11.2026 and you do not know which provisions apply,
you fear that the behaviour towards you constitutes a crime,
you received a notice of termination after reporting mobbing (remember the 21 days to appeal to the labour court, Article 264 § 1 of the Labour Code).

Exceptions and caveats

Not every conflict is mobbing. The assessment is individualised and takes into account the type of behaviour and your situation (new Article 94(3) § 10 of the Labour Code). We do not promise that the court will find your case to be mobbing.
Burden of proof. According to the PIP, it is the employee who must show that mobbing occurred. In discrimination cases the rules of proof are more favourable to the employee (Article 18(3b) § 1 of the Labour Code, from 5.11.2026 also Article 18(3f) of the Labour Code).
Anti-mobbing regulations. From 5.11.2026, an employer employing at least 10 employees sets out the rules for counteracting mobbing, discrimination and violations of dignity in the work regulations, a collective agreement or separate regulations (Article 94(3a) of the Labour Code). It has 6 months from the entry into force of the Act to do so (Article 4 of the Act of 19.06.2026), which by our calculation means until 5.05.2027.
The perpetrator personally. From 5.11.2026, an employer that has paid compensation for non-pecuniary harm or compensation may claim reimbursement from the perpetrator to the extent of their fault (new Article 94(3) § 12 of the Labour Code). Independently of this, you can sue the perpetrator under the provisions on personal rights (Articles 24 and 448 KC).
Limitation period. Claims arising from the employment relationship are, as a rule, time-barred after 3 years from when they became due (Article 291 § 1 of the Labour Code). With harassment spread over time, determining when the period starts to run requires a lawyer's assessment. Do not put the matter off.

Example

Assumptions: for six months an office employee has been left out of team e-mails, the manager regularly criticises him in front of others in an offensive way and takes tasks away from him without explanation. The employee has an employment contract for an indefinite period. The company employs 40 people.

The employee keeps an incident log with dates and the names of those present. He saves the e-mails he was removed from and the changes to his tasks. He sees a doctor because he has trouble sleeping. He files a written report with HR in accordance with the procedure in the regulations. After a month without a reaction, he files a signed complaint with the PIP and uses advice at the inspectorate. Because the harassment continues after 5.11.2026, the new provisions will apply to its assessment. He decides on a claim after talking to a lawyer.

Documents and deadlines

What	Why
Incident log (dates, people, witnesses)	shows the repetition and continuity of the harassment
E-mails, messages, instructions, appraisals	document specific behaviour
Written report to the employer with confirmation	evidence that the employer knew and whether it reacted
Medical records	relevant to claims, until 4.11.2026 a condition for compensation for non-pecuniary harm
Information from the PIP on the outcome of the complaint	one piece of evidence in court
Appeal against a notice of termination	21 days from service (Article 264 § 1 of the Labour Code)
Termination of the contract by the employee (Article 55 § 1(1) of the Labour Code)	one month from learning of the reason
Limitation of claims	as a rule 3 years (Article 291 § 1 of the Labour Code)

Frequently asked questions

Is a single humiliating incident mobbing?

Usually not. From 5.11.2026 the Act expressly states that incidental behaviour is not mobbing. Such an incident may, however, violate your personal rights or be harassment, which does not have to be repeated.

Will the PIP punish my boss for mobbing?

The PIP does not rule on mobbing and will not award you money. It can inspect whether the employer counteracts mobbing and point out what it should improve. Compensation for non-pecuniary harm and compensation are decided by the labour court. More: PIP, ZUS or labour court: who should you turn to with a problem at work?

Can the employer dismiss me for reporting mobbing?

Exercising rights arising from a violation of labour law may not be grounds for unfavourable treatment or termination (Article 18(3e) of the Labour Code). Whether the provision covers your situation is assessed by the court in the event of a dispute. If you receive a notice of termination, you have 21 days to appeal to the labour court.

I work under a contract of mandate. Can I do anything?

The Labour Code provisions on mobbing apply to employees. You can seek protection of your personal rights under the Civil Code (Articles 24 and 448 KC). If in practice you work as if you were employed, see Contract of mandate or employment contract? How to check what really binds the parties.

Useful tools

Related guides

Sources (documents in Polish)

Sources checked on 15 October 2026. Law as at 15 October 2026.

Change history

15 October 2026: First publication.

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This guide is for information only. The current legal provisions and the information of the National Labour Inspectorate apply. An independent information website. We are not the National Labour Inspectorate (Państwowa Inspekcja Pracy).