Reporting mobbing and discrimination: where and how

Reporting mobbing and discrimination starts with a conversation with the coordinator or a message to the agency. A temporary worker is employed by the agency but performs the work at the user employer, so it is the agency that resolves the matter together with the workplace. Below we explain how mobbing differs from discrimination and how to report a problem.

How mobbing differs from discrimination

The Labour Code describes both phenomena separately.

Mobbing must meet all the conditions of the definition at once: the harassment is persistent and prolonged, and its effect or purpose is to lower the assessment of professional suitability, humiliate, ridicule, isolate, or eliminate the person from the team. If one of these is missing, the behavior is not mobbing within the meaning of the Labour Code, although it may still violate other provisions. Harassment, including sexual harassment, is also a form of discrimination.

Examples of behavior that can amount to mobbing include constant mockery in front of the team, leaving one person out when sharing information needed for work, threats, offensive nicknames, and deliberately assigning tasks that cannot be completed. An example of discrimination is worse treatment of a person because of their nationality, native language, religion, or age, for instance in shift or position assignments. Harassment can include comments about appearance, unwanted touching, or unwelcome propositions. Not every workplace conflict is one of these phenomena, but any conflict that makes work harder is worth reporting.

Reporting mobbing and discrimination when working through an agency

In temporary work, roles are divided. The agency is your employer, while the workplace directs the work, keeps working time records, and is responsible for safe conditions on site. That is why the agency is the first point of contact: the coordinator resolves the matter together with the workplace. The Act on Employment of Temporary Workers prohibits treating a temporary worker less favorably than people employed directly by the user employer in the same or a similar position. This division of duties is described in the article on rights of a temporary worker.

The first step is to report it to the coordinator. Describe what happened, when, and who was involved. If the workplace has an internal anti-mobbing procedure, it should show you how to use it. The Labour Code's mobbing provisions apply to an employment contract, while with a contract of mandate the situation is assessed individually.

The employer has a duty to counteract mobbing and discrimination, so the sooner it learns about the matter, the sooner it can respond.

When to report a problem

Best right away. The sooner the coordinator learns about the situation, the easier it is to clarify and stop it.

You do not have to wait for the behavior to repeat or for the situation to become serious. A single unpleasant remark, a joke about someone's origin, or being left out of work assignments is also a reason to talk. Some such situations can be resolved with a simple conversation that clears up a misunderstanding. If you are not sure whether what is happening is mobbing, discrimination, or an ordinary conflict, you do not have to judge it yourself. It is enough to describe the situation, and the coordinator will help work out the next steps together with the workplace.

Frequently asked questions

Can the employer fire me for reporting discrimination?

No. Exercising rights related to a violation of equal treatment cannot be the reason for notice, termination of the employment contract, or any unfavorable treatment. Such retaliatory action is itself a violation of the law. Under a contract of mandate, the situation is assessed individually, depending on the contract.

Is one argument with a manager already mobbing?

Usually not. Mobbing requires persistent and prolonged harassment, with a defined effect or purpose. Discrimination and harassment do not require duration, so describe and report even a single incident.

Do I need to know Polish well to report a problem?

No. A simple description of the facts is enough: what happened, when, where, and who was involved.

Who is responsible for counteracting mobbing?

The employer has a duty to counteract mobbing. In temporary work, the employer is the agency, while the workplace organizes the work, so reporting to the coordinator lets both sides address the matter.

This text describes the general rules. What you are entitled to depends on your type of contract: an employment contract (umowa o pracę) or a contract of mandate (umowa zlecenie). Your own contract and payslip are what count.

This article is for information only and does not constitute legal advice. The rules change, and the outcome depends on the situation of the particular person, so check the current legal position or consult a lawyer before making a decision.