The Polish Ministry of Family, Labour and Social Policy has proposed an amendment to the Labour Code that provides changes to how the length of service is calculated. If adopted, the new regulations—expected to take effect in 2026—would expand the definition to include periods of work under civil law contracts and self-employment. 

Why does expanding the definition of length of service matter?

Currently, Polish law distinguishes between two types of length of service: 

• general length of service – the total duration of employment, regardless of the employer; used to determine entitlements such as annual leave. 

• company-specific length of service – the time worked for a specific employer; affects notice periods and severance pay. 

As it stands, only periods of employment based on a formal employment relationship (such as an employment contract, appointment, or nomination) are counted. Some specific periods, such as military or police service or periods of receiving unemployment benefits, are also included. 

This system has excluded many professionals who spent years working under civil law contracts or running their own businesses. When they transitioned to standard employment, they were often treated as if they were starting from scratch. This is what the proposed reform seeks to correct. 

How will length of service be calculated?

Civil Law contracts will be counted

Under the draft Article 302¹ of the Labour Code, the following will be included in the length of service: 

• periods of working under contracts of mandate (umowa zlecenie), 
• service provision agreements (umowa o świadczenie usług), 
• agency contracts, 
• periods of cooperation with individuals performing such contracts, 
• periods of membership in agricultural production cooperatives. 

The key condition is that pension and disability insurance contributions (ZUS) were paid during these periods. 

Buisness activity will be recognized

Non-agricultural business activity will also count toward length of service. This includes periods during which individuals were: 

• self-employed entrepreneurs, 
• freelancers (e.g., doctors, architects), 
• creators and artists, 
• shareholders in single-member limited liability companies or partnerships, 
• operators of non-public educational institutions, 
• members of agricultural cooperatives or cooperative machinery circles. 

Notably, periods exempt from social security contributions—such as the “startup relief” period—will also be counted, as long as the exemption was in accordance with existing regulations. 

New length of service rules: key benefits for employees in 2026

If the amendment is adopted, employees who previously worked under civil law contracts for their current employer may become eligible for: 

• longer notice periods, 
• higher severance pay, 
• additional vacation days, 
• eligibility for service-based bonuses or jubilee awards (if provided by the company), 
• easier access to roles or benefits that require a specific length of service. 

This marks a major shift—particularly for professionals with mixed or non-traditional career paths. However, the change also presents new administrative responsibilities for employers. 

New responsibilities for employers

If the new rules come into force, employers:

• include additional service periods when calculating length of service, 
• review historical contracts such as mandate or service agreements, 
• verify Social Security contributions made during periods of self-employment, 
• update HR and payroll systems to ensure compliance with the new law. 

If your business has employed individuals previously engaged through civil law contracts or as contractors, it is wise to begin preparing now for these procedural changes. 

Length of service reform: timeline

As of June 3, 2025, the proposed amendment has not yet been submitted to the Polish Parliament (Sejm), but it was approved by the Standing Committee of the Council of Ministers on May 22, 2025. The anticipated implementation date is sometime in 2026. 

If you need additional support in accounting and hr &payroll services contact us!

Text based on: INFORLEX