New regulations on workplace bullying and discrimination – an amendment to the Labour Code
Although much attention is being paid to the change in the definition of workplace bullying, from the employers’ perspective the new organisational obligations are far more significant. The amendment requires not only an update to internal documentation, but also a review of how the organisation tackles workplace bullying and discrimination. For many employers, this will mean having to overhaul their current procedures.
What is changing in the definition of workplace bullying?
The amendment simplifies the definition of workplace bullying. Instead of the previous, elaborate criteria, the starting point will be the persistent harassment of an employee.
The regulations also include an illustrative list of behaviours that may constitute mobbing, covering, amongst other things, humiliation, intimidation, unjustified criticism, hindering the performance of work, or isolating an employee from the team. At the same time, the legislator clearly states that the perpetrator of workplace bullying may be not only an employer or a line manager, but also a colleague, a subordinate or a person working under a civil law contract.
It has also been clarified that incidental or justified behaviour, the proper enforcement of employees’ duties or a substantive assessment of the quality of work do not constitute workplace bullying.
A new approach to discrimination
The amendment also extends the regulations on equal treatment by introducing the concepts of discrimination by presumption and discrimination by association.
At the same time, the legislator has clarified that not every difference in the treatment of employees will constitute discrimination – different treatment based on objective and lawful grounds remains permissible.
New obligations for employers
The amendment changes the way the obligation to prevent workplace bullying is viewed. This obligation is to be systematic in nature and must encompass not only responding to reports, but also preventive measures, detecting irregularities, taking corrective action and providing support to those affected by workplace bullying or discrimination.
In addition, employers with at least 10 employees will be required to adopt separate regulations setting out the rules for preventing infringements of personal rights, workplace bullying and discrimination. The regulations will be subject to consultation with employee representatives, and only if no agreement is reached within 30 days will the employer be able to adopt them unilaterally.
The amendment also increases employers’ financial liability. The minimum amount of compensation for workplace bullying will be six times the minimum wage, whilst in cases of repeated discrimination it will be three times the minimum wage.
When and how should you prepare?
Although employers will have six months from the Act’s entry into force to amend their regulations, preparing new procedures, conducting consultations and training management may take considerably longer.
It is therefore advisable to start now by:
- conducting an audit of existing procedures and internal regulations;
- drafting new regulations;
- planning consultations with employee representatives;
- train managers/leaders on their new responsibilities and the rules for conducting investigations;
- review current reports and conflict situations in the light of the new regulations.
If you are interested in support with auditing procedures, drafting regulations or training staff, we are at your disposal.
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