13.04.2026

Workplace bullying and harassment: procedures are no longer optional. New obligations for employers are coming

Anti-bullying procedures are no longer just a “nice to have.” The proposed amendments to the Labour Code make it clear: employers will be expected to act actively and continuously – not only react to complaints. For many organizations, this means rethinking their current approach.

Work is currently underway in Parliament on a draft amendment to the Labour Code and the Code of Civil Procedure, which aims to comprehensively reshape regulations on workplace bullying, discrimination, violations of dignity and other personal rights of employees, as well as equal treatment in employment. The draft was adopted by the Council of Ministers on 17 February 2026, and its first reading took place in Parliament on 25 March 2026.

If adopted in its current form, the changes will require employers to take a much broader view of this area than before.


What exactly is changing?

The draft introduces several key changes:

  • a simplified definition of workplace bullying – removing the requirement of long duration and focusing instead on persistent harassment,
  • an obligation to actively and continuously prevent undesirable workplace behaviours,
  • the employer’s right of recourse against the perpetrator (i.e. seeking reimbursement of compensation or damages paid).

These changes may require a thorough review of existing HR policies and procedures.


A procedure is not enough – what matters is action

The changes will affect both employers who already have procedures in place and those who have not yet formally addressed this area.

In many organizations, current solutions focus mainly on:

  • reporting channels
  • appointing investigation committees
  • conducting internal investigations

However, the draft goes much further.

👉 What will matter is not just the document itself, but how it works in practice.

The new approach emphasizes:

  • prevention,
  • detection of irregularities,
  • appropriate response,
  • corrective actions,
  • real support for affected individuals.

In other words, not only the procedure itself may need to be reviewed, but the entire HR compliance model.


New obligations for employers (including those who already have procedures)

The draft assumes that employers with at least 9 employees will be required to:

➡️ define rules, procedures and the frequency of actions
➡️ in relation to preventing:

  • violations of dignity and personal rights,
  • breaches of equal treatment,
  • discrimination,
  • workplace bullying

…and include them in a separate policy (unless already covered by a collective agreement or work regulations).

This leads to one conclusion: having a procedure will no longer be enough.


No procedure in place? This is the last call

The draft is even more significant for employers who:

  • have no procedure at all
  • or rely only on a general anti-bullying clause in internal regulations

These organizations should start preparing now by:

  • mapping risks,
  • setting up reporting channels,
  • defining investigation processes,
  • establishing documentation standards,
  • implementing protection for whistleblowers and witnesses,
  • planning training and internal communication.

👉 The draft clearly shows that practice will matter more than formal wording.


Smaller companies are not exempt

Importantly, the draft does not exempt smaller employers.

Companies employing fewer than 9 people are still required to:

  • prevent workplace bullying and other undesirable behaviours
  • communicate the adopted rules and procedures to employees

The difference lies mainly in the level of formalization, not in the obligation itself.


Burden of proof – a game changer

The draft also introduces an important procedural change.

In cases concerning a breach of equal treatment:

  • the employee will only need to make the violation plausible,
  • the employer will then need to prove that no violation occurred.

👉 In practice, this means one thing:
proper documentation of HR decisions and actions becomes critical.


Why this is a real risk (not just theory)

📊 As many as 93% of respondents declare they have experienced behaviours that may qualify as workplace bullying (Antal & Dobra Foundation research).

At the same time:

  • only 6% of complaints are found justified (data from the National Labour Inspectorate)

This does not mean the problem is rare — rather, it highlights how difficult it is to properly identify and prove such behaviours.

The draft addresses this, among other things, by requiring courts to assess not only bullying, but also potential violations of other personal rights of the employee.

This significantly broadens employers’ legal exposure.


This is not just a change in documentation

This is not just a “paper change.”

👉 It is a shift in how employment-related risk is managed.

Anti-bullying procedures are becoming one of the key organizational risk management tools.

For some, this will mean updating existing frameworks.
For others — the last moment to build them from scratch.

👉 The real question is no longer: “Do you have a procedure?”
But: “Does it actually work – and can you prove it?”


Do you feel that anti-bullying procedures in your organization technically “exist,” but you’re not entirely sure how they work in practice? This might be a good moment to take a closer look. If you’d like, we can go through it together and help you identify what’s worth improving.

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