Yes - the duty to counteract mobbing systematically applies to every employer; the 10-employee threshold applies only to the duty to set rules, procedures and the frequency of measures in regulations.
The Polish Labour Code requires every employer to counteract mobbing, discrimination and unequal treatment. From 5 November 2026, this also covers counteracting violations of an employee's dignity and other personal rights. The number of employees does not change this duty, even in a company of a few people.
An employer with at least 10 employees has an additional duty. It must set the rules, procedures and frequency of measures to counteract mobbing and discrimination, in a collective agreement, the work regulations or separate regulations.
The Act does not impose the specific duty under Article 94(3a) of the Labour Code on an employer with fewer than 10 employees. The general duty still applies to it, as to any employer. In practice, this may mean clear reporting rules, a response from managers and training for the team. An employee of a smaller company has the same rights, including compensation after experiencing mobbing.
For a small team, the START package is a good starting point and a simple preventive measure: one online group, up to 3 hours. We can also set up your reporting rules as a separate advisory service. Once your company passes 10 employees, we will help you prepare the regulations.