Two deadlines, one implementation: how to prepare for new anti-mobbing and discrimination provisions

Labour Code amendment on mobbing, discrimination, equal treatment and protection of personal rights enters into force on 5 November 2026. At the same time, the act provides for a six-month adaptation period for employers. Such a prolonged span of time can cause a false sense of non-urgency, as if organisations might continue business as usual until May 2027, when the adjustment period will be up. Proper planning and deployment of actions to prepare an organisation for new rules is worth explaining, especially as regards both deadlines from the act.

The six-month adaptation period does not mean the application of new rules is postponed; it only applies to adjusting internal regulations to the new provisions. As early as 5 November, new substantive definitions, including new definition of mobbing (workplace harassment) in particular, will come into force. On that day new duties of organisations in terms of counteracting breaches of the said law will become binding, too, including in making a report of a breach possible in actuality. The November date should thus be seen as a day of operational readiness for an employer to follow the new regulations.

The adaptation period ensures breathing room to formally institute internal regulations in accordance with the new provisions. The legislature gives time to employers having 10 or more employees until 5 May 2027 to tailor their staff rules to conform or to issue new rules. Such changes need consultations with employee representatives or trade unions, which are often time-consuming. Once the wording of new regulations is set, they have to be suitably announced, and can enter into force two weeks later. The adaptation period should therefore be used for carrying out the formal process of internal legislation. That stage needs to be capped by gathering declarations from employees about being familiar with the new rules.

What seems worth stressing is that transitional provisions require following the new regulations in the case of behaviour comprising multiple instances of violating the equal-treatment principle regarding an employee or workplace bullying, if such behaviour started before new regulations enter into force and persisted after 5 November 2026. For HR, this creates a necessity to review the proceedings under way, if they are related to equal treatment and harassment.

A two-pronged strategy is thus a prudent way forward with regard to new regulations:

1. Stage 1 (before 5 November 2026):

• audit of current anti-mobbing and anti-discrimination policies;
• audit of whistleblowing procedures;
• training managers on new ground rules for recognising harassment and discrimination and on suitable response to having them reported;
• review of open proceedings on harassment and discrimination.

2. Stage 2 (before 5 May 2027):

• updating the content of staff rules or adopting separate rules, including in reporting and response procedures;
• formally laying down the principles of preventive action and its frequency;
• consulting the content of new internal regulations with employee representatives or trade unions;
• adopting and announcing new principles to follow and collecting staff declarations.

The whole process of enacting new principles of equal treatment, personal rights protection, combatting harassment and discrimination needs to be properly planned and conducted, as it is vital for ensuring the organisation stays protected from liability claims and from risks to its image; it will also help build a safe work environment, one in which pursuing business goals goes in tandem with appropriate treatment of staff. Come 5 November, the employer should be ready to observe new regulations in practice, so the preparations new to start long beforehand.