Introduction

The Sejm of the Republic of Poland adopted a draft amendment to the Labor Code, which brings some of the more significant changes in the field of seniority over the years. New regulations, planned for coming into force from 2026, extend the catalogue of periods that can be included in length of service, and therefore affect employee entitlements such as leave entitlements and allowances internships, anniversary awards or length of notice periods.
The aim of the proposed solutions is – in the opinion of the authors – to equalize the opportunities for people working in various forms of employment: full-time employment, civil law contracts, self-employment and others. Below are the details of the most important changes, potential benefits and challenges – and practical tips for employees and employers.

Key changes – what will count towards seniority?

The new regulations (draft changes) stipulate that the length of service will include: in addition to the classic periods of employment under an employment contract, also the following forms activity (if in a given period a given person was subject to pension insurance and pension or other documentary conditions have been met):

1. periods of conducting non-agricultural business activities;
2. periods of cooperation with a person running a business;
3. periods of performance of contracts of mandate or contracts for the provision of services;
4. periods of execution of agency contracts;
5. periods of work as a collaborator;
6. periods of membership in an agricultural production cooperative and a cooperative of circles agricultural;
7. periods of work abroad (other than employment under an employment contract), if these were earning periods;
8. paid work performed by the convicted person – to the extent not covered by employment contract or contract for specific work;
9. period of suspension of business activity in order to provide personal care child (provided that the appropriate contributions were paid at that time).

However, certain periods will not be included in the length of service, according to the project: including the contract for specific work, unregistered activities, periods of volunteering or student internships.
These changes mean a significant expansion of the definition of “period of employment” in the context of workers’ rights.

Retroactivity, deadlines and documentary conditions

One of the key aspects of this project is that the regulations are to be retroactive: that is, periods before the entry into force of the Act may also be recognised as work experience if they are properly documented. However, the new law does not forget about practical conditions – an employee who wants to use these solutions must:

1. submit documents confirming these additional periods to the employer (e.g. certificates from ZUS, other documents);
2. do it within a specified period – 24 months from the entry into force of the Act.

The entry into force of the new regulations has been designed in a diverse way:

1. for the public sector: from 1 January 2026;
2. for the private sector: from the first day of the month following the 6th months from the announcement of the Act.

Employee rights resulting from the new, extended seniority will be available from the date of entry into force of the new Act.
It is worth adding that the periods newly “counted” as internship will not be included in the case of recruitment for positions announced before the entry into force of the Act (i.e. they will not have apply to previously announced competitions).

Consequences – who will benefit and what challenges will arise for employers?

For employees / civilian workers / entrepreneurs

1. People who have worked on contracts of mandate or run their own business for years economic, they can significantly increase their work experience “on paper”. Thanks to this they will be entitled to longer leave (from 20 to 26 days) or benefits more quickly internships.
2. It is estimated that up to 2 million people could benefit from the new regulations.
3. The new law improves the situation of many so-called “full-time employees from day one” who they started with minimal experience despite many years of freelancing and commission work e.t.c.
4. Possibility to obtain greater benefits, such as longer leave, better conditions notices or anniversary bonuses.

For employers / HR administration

1. The need to verify the previous experience of employees after entering the force of the act, taking into account their declarations and documents – this may mean disputes administrative workload.
2. Procedures for collecting supporting documents need to be prepared periods of work (e.g. from ZUS, other certificates, documents from contractors).
3. In some situations, it may be necessary to make adjustments to HR policies, internal regulations or company agreements.
4. Risk of litigation or claims from employees who consider that their seniority has been incorrectly calculated or omitted – especially if the documentation is incomplete or questionable.
5. IT changes are necessary in HR and payroll systems to take into account new types of periods included in the internship.

Some examples illustrating the scale of changes

1. An employee who had 7 years of service (under an employment contract) and documented 4 years of work on a contract of mandate, after the amendment it can have a full 11-year experience, which gives he is entitled to 26 days of leave (instead of the current 20).
2. A person who has been running a business for many years – even when they didn’t have a formal job – could have “lost” this time under the internship regulations. New regulations they will probably change this approach.
3. In public administration and uniformed services, new regulations may also influence seniority allowances, jubilee awards and promotion rules, if applicable the person had periods that are now classified as “off-duty”.

Critical Notes and Potential Risks

1. In practice, documenting periods from years ago can be difficult – there may be gaps in documentation, lack of confirmation from ZUS, lost documents – this may limit the possibility of recognizing certain periods.
2. Litigation will be possible – employees may file claims for arrears, if their previously missed periods are recognized.
3. Employers are concerned about the additional cost and administrative burden, especially in large companies with a large staff.
4. In some forms of employment (e.g. undeclared work, contracts for specific work, volunteering) will still not be included in the internship, which raises questions about the limits social justice.
5. Implementing new regulations can be complicated – clear guidelines will be needed ministerial guidelines, good practices and probably court decisions to resolve disputed cases.

How to prepare – practical tips

1. Gather documentation – employees should be looking for any documentation today documents that can confirm periods of work (contracts of mandate, invoices, Social Insurance Institution, documents from contractors).
2. Cooperate with your employer – after the new regulations come into force, it is worth starting dialogue at the workplace regarding the method of recognizing additional periods of internship.
3. Monitor the legislative process – although the Sejm has passed the amendment, the act must Now the Senate will take care of it, and then the president. In the meantime, things may happen corrections or changes to content.
4. Consult with a lawyer or your human resources department, especially if you work in specific industries or you have a long period of “outside-time” work, it is worth making sure which periods will be recognized.
5. Update internal HR procedures – it’s worth planning in companies now adaptation of HR and payroll systems, company regulations and procedures collecting documents.