A draft bill to amend the Labour Code has been published on the website of the Government Legislation Centre. In particular, the draft provides for the modification of the existing definitions of harassment and workplace bullying, as well as also introduces some changes in provisions concerning seeking redress for conduct of this kind.

The most important change is the simplified definition of bullying. According to the draft, it is understood as ‘persistent persecution of an employee’. This means that there is no longer a requirement for unwelcome conduct to be long-term in order to be considered bullying in the workplace. In addition, the catalogue of examples of behaviour constituting bullying has also been expanded (including unjustified criticism and hampering the person’s functioning in the work environment). The enforcement of the rights of persons experiencing workplace bullying is to be further simplified by an open-ended list of examples of perpetrators of bullying, including, inter alia, superiors, subordinates, persons in equivalent positions, and persons employed under a basis other than an employment contract (e.g. self-employed persons).

In turn, the definition of harassment will be expanded to align it with the current definition of sexual harassment (as a behaviour of a physical, verbal, or non-verbal nature).

The bill also contains significant changes in redress for bullying and discrimination.

The provisions on compensation will now include a court’s obligation to assess the extent of the damage caused to the employee and award a correspondingly higher amount if it is established that the employee has suffered a high degree of damage. Importantly, the burden of proof will be unified in proceedings concerning all forms of unequal treatment (including discrimination, harassment, and sexual harassment). The employee will only be required to demonstrate that it is probable that the principle of equal treatment has been violated.

In the case of a claim for workplace bullying, the court will be required in each case to consider whether the employee’s personal rights have also been violated. The minimum compensation for bullying will be six months’ salary.

From the employers’ perspective, the new obligations to be introduced by the draft are very important. Firstly, an obligation will be imposed on employers to prevent violations of the dignity and other personal rights of the employee. Secondly, work regulations will have to include:

  • the principles, procedure, and frequency of action against workplace bullying and violations of dignity,
  • the principles of equal treatment and non-discrimination.

Currently, the draft is at the stage of negotiations, public opinion, and consultations. Comments on the draft are being submitted by various ministries, as well as some institutions, including the Social Dialogue Council or employers’ and employees’ organisations.

The bill is available here.