Employer’s duty to shape the principles of social coexistence in the workplace

The obligation to observe the principles of social coexistence, arising from Article 100 § 2(6) of the Polish Labour Code, is one of the fundamental duties of an employee to ensure harmony and mutual respect in the workplace.

Although the definition of ‘principles of social coexistence’ is not clearly defined in the labour law, its interpretation in Polish case law may be of key importance for the resolution of labour disputes and the shaping of organisational culture by employers.

What should be understood by the term ‘principles of social coexistence’?

The principles of social coexistence are based on socially accepted moral norms in interpersonal relations and express values recognised in society, such as honesty, social justice or good manners. By the same token, rules of social coexistence can be understood as the basic principles of ethical and honest behaviour.

An employee’s breach of these principles may consist, in particular, of:

• verbal abuse of co-workers or third parties, use of physical force against them,
• the use of insulting words and expressions towards co-workers,
• making rash remarks, justified only on subjective grounds, against the employer or his representatives.

Consequences of a breach of social cohesion

The consequences of a breach of the rules of social coexistence in the workplace are linked to the attitude and actions of the employer. It is the responsibility of the employer to shape appropriate norms and values that will be the foundation for employee relations within the organisation.

Appropriate regulations put in place by the employer, such as a code of ethics or an anti-bullying policy, also make it possible to respond quickly to breaches of the rules of social coexistence on the part of an employee. With clear procedures in place, the employer has the tools to address inappropriate behaviour immediately, which slows down the escalation of the problem and allows it to be dealt with effectively at an early stage. This response not only minimises the damage to the company, but also protects other employees from negative consequences. The employer’s role in this respect is also to make employees aware of what behaviour or omissions will not be tolerated by the Employer and what consequences they may face if they commit certain breaches.

It is worth bearing in mind that a breach of the employee’s basic duty to observe the principles of social co-existence may, in extreme cases, even justify termination of the employment contract without notice through the fault of the employee.

Internal regulations

The employer may implement a so-called code of ethics on its own and inform the employee about his or her obligations to respect the rules of social coexistence. This does not prevent the employee from being acquainted in writing with the company’s ethics policy.

If an organisation has an anti-bullying and anti-discrimination policy in place, it may also indicate certain values and norms that should guide employees on a daily basis. This is because not all negative behaviour will constitute harassment or discrimination, and it may equally have a negative impact on the working atmosphere.

This is all the more important as, in the event of possible litigation,is subject to an assessment of whether the employer has fulfilled its duty to influence the shaping of these principles in the workplace in employer-employee relations and in relations between employees.

Summary

The duty to respect the rules of social intercourse in the workplace is an important element of labour law, which aims to maintain harmony and respect in interpersonal relations. Employees should be aware that their behaviour in the workplace can affect the working atmosphere, relations with other employees, which translates, among other things, into employee efficiency, but also the employer’s image. Employees’ knowledge of and compliance with the rules of social coexistence is key to maintaining healthy working relationships and avoiding potential conflicts in the workplace.

Should you have any questions or concerns regarding the above, we encourage you to contact our law firm.

Author:
Maria Aleksiejak, Trainee attorney-at-law (PL)