Poland
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Labour Code,
- The 2000/43/EC Racial Equality Directive, and
- The 2000/78/EC Employment Equality Law.
Employers are obligated, under the Labour Code, to prevent and remedy bullying, regardless of whether the conduct relates to a protected characteristic.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Poland.
- Sex
- Age
- Disability
- Race
- Religion
- Nationality
- Political beliefs
- Trade union membership
- Ethnic origin
- Sexual orientation
- Employment for definite or indefinite terms, or on a full-time or part-time basis
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment is any form of unwanted conduct of a sexual nature, or in relation to the sex of an employee, with the purpose or effect of violating the dignity of an employee, in particular when creating an intimidating, hostile, degrading, humiliating or offensive atmosphere
Bullying
Bullying or mobbing is any act or behaviour relating to an employee or targeted against an employee that involves persistent and long-term bullying or intimidation, resulting in lower self-evaluation by the employee of his professional abilities, with the purpose or effect of humiliating or ridiculing, isolating or eliminating that employee from the team.
Filing a Claim in Poland
A claim for employment discrimination, harassment or bullying may be filed with the National Labour Inspectorate.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Poland, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.