Best Sexual Harassment Lawyers in Wrocław

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Founded in 2011
5 people in their team
Polish
English
The Law Firm of Legal Counsel Marcin May provides professional legal services to enterprises, public administration entities, as well as natural persons. The founder of the law firm is Legal Counsel Marcin May. The customer service office is located in a cozy area of ​​Popowice, and at the same...
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1. About Sexual Harassment Law in Wrocław, Poland

Sexual harassment is illegal in Poland and applies to workplaces, universities, and public institutions in Wrocław and across the country. It includes unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that humiliates or offends a person’s dignity or creates a hostile environment.

Protecting workers, students, and professionals in Wrocław, the legal framework emphasizes employer responsibility to prevent harassment and to respond promptly to complaints. Victims can pursue internal remedies, report to state authorities, or file civil or criminal actions depending on the circumstances. Legal help can guide you through each option and help preserve evidence for later proceedings.

For residents of Wrocław, local enforcement occurs through the Dolnośląskie region authorities, the Państwowa Inspekcja Pracy (PIP), and the courts. A lawyer can help you decide whether to pursue remedies via your employer, public authorities, or the courts. Documenting incidents promptly and seeking legal counsel early improves your options and potential outcomes.

“Mobbing and molestowanie seksualne w pracy są zabronione w polskim prawie pracy; pracodawca ma obowiązek zapobiegać i reagować na zgłoszenia.” - Państwowa Inspekcja Pracy (PIP).

2. Why You May Need a Lawyer

  • A software firm in central Wrocław experiences a supervisor making persistent sexual jokes and unwanted touching. The HR department dismisses complaints, and you fear retaliation. A lawyer can assess if harassment violates the Labour Code and help you pursue internal remedies or PIP action.

  • A nurse at a Dolnośląskie hospital faces repeated inappropriate remarks from a colleague. Attempts to report through the medical facility fail, and you seek compensation for harm and guidance on criminal referrals. A solicitor can help you weigh civil damages against potential criminal charges.

  • A student at the University of Wrocław alleges harassment by a professor during seminars. The university process stalls, and you need to understand student rights and possible civil or disciplinary actions. A lawyer can navigate university procedures and necessary external channels.

  • An employee in a government office in Wrocław is pressured after reporting harassment. The employer delays investigation and offers no remedy. Legal counsel can press for accountability under the Labour Code and advise on enforcement options with PIP or the courts.

  • A contractor working in a Wrocław coworking space experiences ongoing inappropriate behavior via email and social media connected to a client company. You want to stop the conduct and seek damages. A lawyer can help you document the harassment and pursue remedies in civil or criminal avenues.

3. Local Laws Overview

  • Kodeks pracy (Labour Code) - governs workplace relations in Poland, including prohibitions on mobbing and sexual harassment and employer responsibilities to counter such conduct. Original enactment date: 26 June 1974 with frequent amendments and a consolidated text available from official sources.
  • Ustawa o równym traktowaniu w zatrudnieniu i pracy (Act on Equal Treatment in Employment and Occupation) - prohibits discrimination including sexual harassment in employment relations. Effective since 3 December 2003; applies to hiring, promotion, pay, and working conditions, and supports remedies for affected individuals.
  • Kodeks karny (Penal Code) - exposes criminal liability for certain sexual offences and related conduct, which may apply where harassment crosses into criminal behavior (for example repeated coercive acts or threats). The Penal Code has undergone revisions since its original form, with current provisions published in the official legal register.

Key points in practice include the employer’s duty to provide a safe work environment, steps to investigate complaints, and potential remedies including compensation. For the latest consolidated texts of these laws, consult official sources such as the ISAP database and government portals.

“Kodeks pracy oraz ustawa o równym traktowaniu w zatrudnieniu stanowią podstawę ochrony pracowników i studentów przed molestowaniem w miejscu pracy i w środowisku edukacyjnym.” - źródło: ISAP i.gov.pl

4. Frequently Asked Questions

What counts as sexual harassment at work in Poland?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that humiliates or creates a hostile work environment. The behavior can occur in person or via electronic communications and may involve colleagues, supervisors, or clients.

How do I report sexual harassment in Wrocław?

You can report internally to your employer or HR, contact the Państwowa Inspekcja Pracy (PIP), or file a police report if the conduct is criminal. A lawyer can help prepare documentation and guide you through the appropriate channels.

When can I take a case to court for harassment?

Civil cases may be brought when seeking compensation or injunctions. Criminal charges may be pursued if the conduct meets criminal thresholds. A lawyer can determine the proper path based on facts and evidence.

Where should I file a complaint about workplace harassment in Wrocław?

Start with your employer or HR, then consider PIP for enforcement. If the conduct is criminal, you may file with the police or prosecutor’s office. Your attorney can help you navigate any jurisdictional nuances in Dolnośląskie.

Why might I need a lawyer for sexual harassment in Poland?

A lawyer helps quantify damages, preserves evidence, explains rights and timelines, and coordinates actions across internal, administrative, and judicial pathways. Legal counsel also ensures compliance with local procedures in Wrocław.

Do I need to hire a lawyer to report harassment to the labor inspectorate?

No, you can report directly to PIP, but a lawyer can prepare the report, interpret findings, and represent you if the case proceeds. A lawyer also helps assess remedies beyond inspection outcomes.

Is harassment at a university or academic setting covered by the same laws?

Yes, students and staff are protected under the same general principles of non-discrimination and safe learning environments. Universities may have internal procedures, and you can pursue external remedies if necessary.

How long do harassment cases take in Polish courts?

Administrative and internal procedures may conclude in weeks to months, while court cases can last several months to years depending on complexity and court backlog. Your lawyer can provide a tailored timeline based on your file.

What is the time limit for civil harassment claims in Poland?

Time limits vary by claim type and relief sought. A lawyer can assess the applicable statute of limitations for your specific civil claim and help you file before it expires. Do not delay seeking legal advice.

What evidence should I collect for a harassment case?

Save emails, messages, photos, and any witnesses' contact details. Maintain a contemporaneous log of dates, times, and descriptions. Your attorney will advise on admissible evidence and preservation steps.

What is the difference between harassment and mobbing under Polish law?

Harassment typically refers to inappropriate conduct of a sexual nature. Mobbing is a pattern of repeated, harmful actions directed at a person that undermines their dignity or psychological well-being. Both are protectable under the Labour Code and related statutes.

Can I receive compensation for emotional distress or financial losses?

Yes, civil actions may seek compensation for non-pecuniary damages and actual losses. The amount depends on evidence, severity, and impact on work and health. A lawyer can evaluate potential damages in your case.

5. Additional Resources

  • Państwowa Inspekcja Pracy (PIP) - official government body that enforces workplace safety, anti-harassment, and mobbing rules. It provides guidance, investigates complaints, and can initiate inspections in Dolnośląskie. https://www.pip.gov.pl
  • Policja - law enforcement agency for reporting criminal harassment and pursuing police investigations. https://www.policja.pl
  • Rzecznik Praw Obywatelskich (Ombudsman) - national office protecting civil rights, including rights related to unlawful harassment. https://www.rpo.gov.pl
“Official agencies such as PIP and the police handle enforcement, while the Ombudsman protects individual rights across Poland.” - RPO and PIP guidance notes.

6. Next Steps

  1. Document the harassment by compiling a detailed log with dates, times, locations, and witnesses within 7 days of the incident.
  2. Consult a specialist sexual harassment lawyer in Wrocław to review your facts and discuss options within 2 weeks of collecting initial evidence.
  3. Decide on a course of action with your attorney: internal employer process, PIP report, or criminal complaint, and outline a plan with milestones.
  4. Prepare all supporting documents: emails, messages, recordings (where lawful), witness statements, and medical or psychological reports if applicable.
  5. Submit the chosen complaint route and request written confirmation; request updates at regular intervals from your lawyer.
  6. Monitor any investigations or proceedings; relax on self-representation if advised to rely on counsel for procedural steps.
  7. Review outcomes with your attorney and consider remedies such as corrective actions, damages, or protective orders and, if needed, plan for appeals or further advocacy.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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