The Polish Parliament has passed an amendment to the Labor Code, introducing new rules for calculating length of service effective in 2026. The reform expands the definition of service to include various forms of professional activity beyond standard employment contracts, such as civil law agreements, business operations, and documented work abroad—provided pension and disability contributions were paid. These changes will impact employee entitlements including annual leave, severance pay, and notice periods. Public sector employers will implement the new rules from January 1, 2026, while private sector employers will follow six months after the law’s publication. Employees will have 24 months to submit documentation verifying additional service periods. The amendment aims to create a fairer and more inclusive system for all professionally active individuals.
The Polish Parliament has passed a significant amendment to the Labor Code, introducing new rules for calculating length of service that will come into force in 2026. This change marks a major shift in how employment tenure is recognized, with implications for employee entitlements such as annual leave, severance pay, and notice periods.
Why length of service matters?
Length of service is a key factor in determining various employment rights in Poland. It influences access to:
- Annual leave (including eligibility for the extended 26-day entitlement),
- Seniority bonuses and jubilee awards,
- Notice periods,
- Severance pay.
Until now, only employment under a standard labor contract was counted toward service length. The new legislation expands this definition to include a broader range of professional activities.
What will be included in length of service?
Starting January 1, 2026 (for public sector employers) and six months after the law’s publication (for private sector employers), the following activities will be recognized—provided pension and disability contributions were paid:
- Non-agricultural business activity, including cooperation with self-employed individuals,
- Civil law contracts, such as mandate, agency, and service agreements,
- Membership in agricultural cooperatives,
- Documented employment abroad, outside of traditional employment contracts,
- Periods of suspended business activity due to childcare, if contributions were maintained.
In cases where multiple periods overlap, the most favorable one for the employee will be considered. Importantly, periods prior to the law’s effective date will also be counted, assuming proper documentation is provided.
Transitional provisions and required documentation
The rollout of the new rules will follow this schedule:
- Public sector: Effective January 1, 2026,
- Private sector: Effective from the first day of the month following six months after publication.
Employees will have 24 months from the effective date at their workplace to submit documentation confirming additional periods of professional activity. Employers will not be obligated to include undocumented periods after this deadline.
The primary source of verification will be certificates issued by the Social Insurance Institution (ZUS). If ZUS lacks the necessary data, alternative documents—such as contracts, invoices, or certificates from contractors or foreign employers—may be used.
Impact on employee entitlements
The expanded definition of length of service will directly affect:
- Annual leave eligibility (e.g., faster access to 26 days),
- Seniority bonuses and jubilee awards,
- Notice periods (potentially longer),
- Severance pay (potentially higher).
Practical implications for employers and employees
This amendment represents a substantial evolution in Polish labor law. It acknowledges diverse forms of professional engagement and ensures more equitable treatment for individuals working under civil law contracts, running businesses, or employed abroad.
Employers should prepare for:
- Adjustments in HR and payroll systems,
- Recalculations of service-based entitlements,
- Collection and verification of employee documentation.
Employees, in turn, are encouraged to begin gathering relevant records to ensure their full professional history is recognized.
Step toward fairness and transparency
By broadening the scope of what counts as employment tenure, the amendment promotes a more inclusive and transparent system. It levels the playing field for all professionally active individuals, regardless of the form of work performed.
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