Length of service plays a crucial role in labor law in Poland. It determines, among other things, the entitlement to annual leave, seniority bonuses, jubilee awards, notice periods, and severance pay. Currently, the predominant form of employment recognized for service purposes is a standard employment contract. However, from 1 January 2026 (for certain entities) and within six months of the law’s publication (for the remaining employers), a new system will come into effect, resulting from the amendment to the Labor Code passed by the Sejm on 12 September 2025.
Which periods will count towards length of service?
Under the adopted wording of the amendment, the following types of professional activity will be included in length of service, provided that pension and disability contributions were paid:
- Conducting non-agricultural business activity and cooperation with an individual conducting such activity.
- Civil law contracts: mandate contracts, agency agreements, service contracts.
- Membership in an agricultural production cooperative or a cooperative of agricultural circles.
- Documented periods of gainful employment abroad in forms other than employment contracts.
- Periods of suspended business activity due to personal childcare, provided pension and disability contributions were paid for that time.
If different periods of the new types of professional activity overlap with each other or with periods of employment, the most advantageous period for the employee will be counted towards length of service.
It is worth noting that periods prior to the law’s entry into force will also be counted, provided they are properly documented.
Transitional rules and documentation
The new regulations will apply:
- From 1 January 2026 – to employers in the public finance sector.
- From the first day of the month following six months after the law’s publication – to employers in the private sector.
Employees will have 24 months from the date the relevant provisions enter into force at a given employer to submit documents confirming additional periods of professional activity. If they fail to do so, the employer will not be obliged to include them.
The primary document confirming various periods and types of professional activity will be a certificate issued by the Social Insurance Institution (ZUS). Where ZUS does not hold the relevant data, employees may use other documents, such as contracts, invoices, or certificates from contractors or foreign employers.
Impact on employee entitlements
The amendment affects all entitlements dependent on length of service, including:
- Annual leave (e.g., easier access to 26 days of leave)
- Seniority bonuses and jubilee awards
- Longer notice periods and higher severance pay
Practical implications for employees and employers
The amendment to the Labor Code adopted by the Sejm represents a significant change in labor law. It transforms the approach to what counts as length of service, broadens the catalog of periods included, and equalizes the situation of individuals working under civil law contracts, running businesses, or employed abroad. Consequently, both employees and employers will need to prepare for the collection of documentation, recalculations, and process adjustments.
The amendment not only changes the legal framework but also ensures a fairer and more transparent system, equalizing opportunities for all professionally active individuals, regardless of the form of work performed.
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