Employers Will Not Be Obliged to Automatically Include Seniority Based on Contractor Agreements in Employment Seniority

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Katarzyna Soboń

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From 1 May 2026, periods of work performed under civil law contracts, B2B arrangements, etc., will be included in the calculation of length of service in the private sector. This change will affect, among other things, employees’ annual leave entitlement, notice periods, statutory severance pay and long-service awards.

However, the inclusion of such periods will not be automatic. If an employee wishes the employer to take into account periods worked under civil law contracts, they will need to provide appropriate documentation. This obligation applies even where the employer is aware of the relevant period of engagement.

It should be remembered that a longer length of service is not always beneficial from the employee’s perspective – for example, it may result in a longer notice period.

Employees employed on 1 May 2026 will have 24 months to document their previous periods of work.

In the public sector, these rules have applied since 1 January 2026.

Find more articles in PRO HR February 2026.