Do Civil Law Contracts and Self-Employment Increase Length of Service?

Autor

Piotr Lewandowski

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From 1 January 2026, civil law contracts, such as mandate contracts or agency contracts, as well as periods of self-employment, will be included in the length of service.


The amendment aims to eliminate differences in the treatment of employees versus those working under civil law contracts or running their own businesses.

Length of service is divided into company length of service and total length of service.

What is the difference between company and total length of service?

  • Company length of service: includes only the periods of work for a specific employer. It affects, for example, the notice period for terminating an employment contract or the amount of severance pay.

  • Total length of service: includes periods of work for all employers. It determines, among other things, the length of annual leave entitlement.

Planned changes

The amendment aims to:

  1. Include civil law contracts and self-employment periods in the length of service.

  2. Introduce comprehensive regulations in the Labour Code.
    The new provisions are intended to regulate the rules for determining length of service in a comprehensive manner within the Labour Code, eliminating the need to refer to various separate acts to determine what is included.

  3. Establish principles for including the periods mentioned in point 1 into length of service.
    The Social Insurance Institution (ZUS) will be responsible for confirming the periods that will be included in the length of service.

What does this mean for employees?

Thanks to the new regulations, employees who, before entering into an employment relationship, performed work under civil law contracts or as self-employed persons, will gain the same rights arising from length of service as if they had worked under an employment contract. As a result, their notice period for terminating an employment contract may be extended, and they may also gain the right to higher severance pay in the event of termination for reasons not related to the employee.

New obligations for employers

Employers should prepare for these changes. Above all, they will have to determine employees’ length of service taking into account various types of professional activities. The periods of activity to be included in the length of service will be confirmed by ZUS on the basis of an application for a certificate submitted via the Electronic Services Platform (PUE ZUS).

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