We will be including seniority under B2B contracts, other civil contracts and work abroad into employment seniority – how to prepare the firm for changes?

Autor

Dominika Dörre-Kolasa, PhD

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The bill amending the Labour Code has already reached the next stage of parliamentary work.

For the private sector – the provisions will come into force on the first day of the month falling six months after the act is published in the Journal of Laws. Therefore not, as is commonly reported, on 1 January 2026.

Employees employed on the day when the provisions enter into force will have 24 months in which to provide documents confirming earlier periods of activity. Periods not documented within this time will not be included in calculations regarding the length of total employment.

 

Periods included in employment tenure

Type of period Conditions for inclusion
Non-agricultural self-employment Pension, disability or accident insurance contributions must have been paid
Cooperation in running a business (e.g. spouse) Same requirement  contributions must have been paid
Civil law contracts (mandate, service, agency) Periods when the person was covered by pension and disability insurance
A person cooperating under a civil law contract Same – if covered  by pension and disability insurance
Civil law contracts for students/pupils under 26 No obligation for social insurance – such periods may be included, but the employee must provide proof of work
Start-up relief (business without ZUS contributions for six months) Included despite lack of mandatory contributions
Suspension of business activity to care for a child Included if the pension and disability contributions were paid
Gainful employment abroad Documented period of work; no restriction to specific contributions and any reliable document may serve as proof

 

What about annual leave in the year the act enters into force?

Example – if the act entered into force on 1 March 2026:

  • Until February 2026, the employee had 9 years of tenure, entitling them to 20 days’ leave.
  • In March 2026, the added periods raise their total duration of employment above 10 years, entitling them to 26 days’ leave.

In that case, the employee does not automatically receive the full 26 days from January; only from the date of the act entering into force is leave calculated proportionally.

There will be minor exceptions to including these non-employment periods.

 

Find more articles in PRO HR August 2025.