1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?
  3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment?
  7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

jurisdiction

Poland
Add jurisdiction

Sexual harassment in the workplace is prohibited under the Polish Labour Code since 2004.

The Polish law defines sexual harassment as 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. This may include physical, verbal or non-verbal elements.

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

Companies are expressly obliged to prevent sexual harassment and other forms of discrimination in the workplace. In particular, employers must make available to staff the text of equal treatment laws, including those on harassment and sexual harassment. The company must share this information with staff in written form or in another normal way e.g. publishing in the Intranet.

The employer should also take other preventive steps, such as introducing an anti-harassment policy, staff training, whistleblowing channels, internal investigations, etc. These are the most common actions, however Polish law does not specify in detail the list of steps employers must take. 

3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?

Employees are bringing more harassment claims, in particular internal complaints. We have been involved in several internal investigations relating to this topic. There has not yet been an increase in court cases concerning harassment in Poland, as the governmental statistics involving harassment claims have not yet shown a significant change.

We have seen an increased interest from clients in providing information on sexual harassment and we have been helping them on how to address this. Clients are more regularly seeking advice on how to be compliant with the anti-discriminatory laws. We have already organised several workshops on the prevention of sexual harassment in the workplace.

An employee can sue the employer for failing to prevent sexual harassment. Compensation for harassment cannot be lower than the national minimum wage (PLN 4,300, approx. EUR 1,003 from July 2024) and it must be effective, proportional and a deterrent. It is not capped.

An employee can also bring a claim against the employer for a violation of his/her personal interests or submit a criminal claim in the case of crime.

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

Amber. We see that the general awareness of sexual harassment has been raised and we expect the number of anti-discrimination cases in general to grow in the near future.

6. Any other relevant information on workplace harassment?

Companies and staff are more concerned about preventing discrimination, bullying and sexual harassment. We see the general interest of businesses to provide a safe workplace and equal opportunities for all employees. On the other hand, the reputational risk with sexual harassment cases has increased, as a result of being widely reported in the newspapers and social media.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

The Polish Ombudsman indicates public sector, in particular military, police and higher education institutions are especially problematic. In recent years, the Polish Ombudsman has been particularly vocal about the widespread issue of sexual harassment in sports. Polish media have also reported on harassment within these sectors.