Moratorium on Mobbing Inspections Lifted: What to Know
On 1 October 2025, the Law of Ukraine dated 15 April 2025, No. 4352-IX "On Amendments to Part One of Article 16 of the Law of Ukraine "On the Organisation of Labour Relations under Martial Law” regarding Inspections on Mobbing Violations” (the "Law”) shall enter into force.
The Law provides for the possibility of conducting unscheduled inspections by the State Labour Service of Ukraine (the "State Labour Service”) based on complaints filed by employees or trade unions regarding acts of mobbing (workplace harassment).
Background to the adoption of the Law
Since December 2022, Ukrainian legislation has established a prohibition on mobbing (workplace harassment) defined as systematic, prolonged, intentional actions by an employer, employees, or a collective of employees against an individual employee. Such actions aim to exert psychological and/or economic pressure on such an employee, creating an unpleasant, offensive atmosphere around the employee to undermine their honour, dignity, and business reputation.
One of the extrajudicial remedies for protecting the labour rights of an employee who has suffered from such actions is filing a complaint with the State Labour Service, which is authorised to conduct unscheduled inspections on compliance with labour legislation and issue orders for the elimination of identified violations.
However, following the start of the full-scale invasion, unscheduled inspections by the State Labour Service were temporarily prohibited by law, except for in clearly defined cases, which did not include acts of mobbing (workplace harassment).
Due to the growing number of complaints regarding mobbing (553 complaints were recorded during 2023, as well as 583 complaints during 2024), the legislator decided to resume such inspections by the State Labour Service.
What has changed with the adoption of the Law?
As of 1 October 2025, the moratorium on state supervision measures in this area shall be lifted, and employees or trade unions (if established at the enterprise) shall have the opportunity to initiate unscheduled inspections by the State Labour Service for employers’ compliance with labour legislation requirements on the prohibition of mobbing (workplace harassment).
The Law provides that such unscheduled measures may not be conducted simultaneously with unscheduled inspections on any other matters.
What should businesses consider?
The legal definition of mobbing (workplace harassment) is quite broad. Businesses should exercise the utmost diligence in monitoring any indications of mobbing (workplace harassment) within the workforce, promptly identifying and responding to any actions that may be qualified as mobbing.
Committing mobbing or the employer’s failure to take appropriate measures to address such incidents may result in specific legal consequences, including:
the employee’s right to terminate the employment contract at their own initiative within a period determined by the employee, with payment of severance in the amount of no less than three months’ salary (in case of mobbing committed against the employee and/or the employer’s failure to take actions to prevent mobbing, as established by a court decision that has entered into legal force);
the employer’s right to terminate the employment contract with an employee at their own initiative (in case of mobbing (workplace harassment) committed by the employee, as established by a court decision that has entered into legal force);
the court may impose on the employer the obligation to compensate incurred medical treatment costs and moral damages if such damages were caused by mobbing (workplace harassment) committed against the employee.