The Sejm of the Republic of Poland has adopted changes to the Labor Code that revolutionize the way employment seniority is calculated. Until now, only employment periods based on employment contracts were considered when determining the length of seniority. The new regulations significantly expand this concept.
Key changes include:
- Inclusion of civil law contracts (periods in which an employee worked under contracts for specific work, service provision, or agency contracts will now be counted towards total work seniority),
- Recognition of entrepreneurial activity (the time spent running a sole proprietorship will be included in the calculation of employment seniority),
- Periods of cooperation with a person running a business,
- Time suspending business activities to provide personal care for a child,
- Periods of membership in agricultural production cooperatives and agricultural circle cooperatives, as well as documented periods of gainful employment abroad (other than employment).
These changes aim to treat employees more equitably, particularly those who have used various forms of employment throughout their careers. They may impact aspects such as vacation entitlement, the length of notice periods, and rights to anniversary awards in certain sectors.
For example, consider an employee who has 8 years of work seniority under an employment contract. Previously, he was entitled to 20 days of vacation per year. If he now documents an additional 3 years of running a sole proprietorship, his total work seniority will increase to 11 years. As a result, starting from 2026, he will be entitled to 26 days of vacation per year.
The Social Insurance Institution (ZUS) will play a key role in confirming these periods by issuing the relevant certificates. For periods not reported to ZUS and for work abroad, other supporting documents will be required.
The amendment will come into effect after it has been signed by the President of the Republic of Poland and published in the Journal of Laws. Employers will need to adjust their payroll systems to comply with the new regulations, which may require some organizational changes.
