Work Regulations with an Anti-Mobbing-Policy – Key to Securing the Workplace

Work Regulations are a key document that establishes the organisation and order of the work process and the related rules applicable to the employer and Employees. According to the Polish Labour Code, the mandatory obligation to introduce Work Regulations depends on the number of Employees. An employer with at least 50 Employees is obliged to introduce Work Regulations, but we strongly encourage you to use this solution in smaller workplaces as well, even though it is not required by law.

Scope of the Work Regulations

The Work Regulations should set out the rights and obligations of the employer and Employees in relation to the internally established order at the workplace. The elements required by the provisions of the Polish Labour Code, which the Work Regulations must contain, are the determination of:

• the organisation of work, the conditions of staying on the premises of the workplace during and after work, the provision of tools and materials to Employees, as well as work clothing and footwear and personal protection and hygiene measures;
• the system and distribution of working time and the adopted working time settlement periods;
• night time;
• the date, place, time and frequency of payment of wages;
• the list of prohibited work for young workers and women;
• the types of work and the list of work permitted to Young Workers for the purpose of vocational training;
• the list of light work permitted to Young Workers employed for purposes other than vocational training;
• obligations relating to health and safety at work and fire protection, including the manner of informing Employees of occupational risks associated with the work they perform;
• the method adopted by the employer for Employees to confirm their arrival and presence at work and justify their absence from work.

However, in practice, when enacting the Work Regulations, Employers usually choose to significantly expand their content by detailing the general principles and values that should guide Employees in their daily work.

An Anti-Mobbing-Policy as an integral part of the Work Regulations?

According to Article 94³ of the Polish Labour Code, the Employer is obliged to prevent mobbing. Although the regulations do not directly indicate how the development of mobbing in the workplace should be prevented, the jurisprudence agrees that this obligation should consist of diligent action, in particular by training Employees, informing them of the danger and consequences of mobbing, applying procedures that will enable the detection and termination of this phenomenon (judgment of the Polish Supreme Court of 03.08.2011, ref. no.: I PK 35/11). In the same judgment, the Supreme Court also indicated that taking real measures to counteract mobbing may relieve the employer of procedural liability for it.

Given the above, it is in the Employer’s best interest to regulate the organisation’s Anti-Mobbing-Policy in a thorough manner. Our proposal in this scope is to place it in the Work Regulations – the adoption of such a solution indicates not only the high rank given to this document, by indicating that it is placed among other regulations, defining the basic rights and obligations of all Employees as well as the Employer, but also gives the Employer the certainty that it has duly presented the anti-mobbing regulations to all persons employed in the workplace.

Additional measures

It is worth noting that the introduction of an Anti-Mobbing-Policy does not end with putting it in the Work Regulations. It is also possible to include it in ESG reporting. It is also important to properly implement and promote these policies among Employees through training and awareness campaigns. The employer should also regularly monitor the situation in the workplace and respond to any signals indicating potential cases of mobbing.

Summary

The introduction of Work Regulations, in accordance with the provisions of the Polish Labour Code, may constitute not only an indispensable step for an employer required to do so by law, but also for other organisations wishing to properly organise the rules prevailing at work. Correctly drafted Work Regulations, supported by a solid Anti-Mobbing-Policy, can contribute to increased work efficiency and employee well-being, which in the long run will benefit both the employer and the entire work team.

We would like to invite you to take part in our Conference “Mobbing, discrimination and work – life balance – 3 challenges for organisations in practice” and invite you to contact our specialists, who will be happy to assist you in preparing a proper anti-mobbing procedure at your workplace.

Author:
Zofia Kwiatkowska, Legal assistant