Planned changes to the rules for calculating length of service

At a glance

• On 15 September 2025, the draft law was submitted to the President and subsequently forwarded to the Senate for further legislative proceedings.
• The proposed reform introduces a significant change by allowing self-employment, mandate contracts, agency agreements, and other non-standard forms of work to be counted toward an individual’s length of service.
• Subject to final approval, the new provisions are expected to enter into force on 1 January 2026. 

Following our previous update, the Polish government is moving forward with a legislative reform that will significantly broaden the definition of employment tenure under the Labour Code. The draft legislation, developed by the Ministry of Family, Labour and Social Policy, proposes that work performed outside of traditional employment contracts—such as self-employment or mandate contracts—should be treated equally when calculating length of service.

The reform seeks to address long-standing inequalities affecting thousands of individuals who, despite years of professional activity, are currently excluded from entitlements linked to tenure. These include extended annual leave, seniority bonuses, and access to roles requiring documented work history.

It is important to note, however, that the exercise of these rights will remain conditional upon the existence of an active employment relationship at the time the entitlement is claimed. The proposed legislation does not extend rights such as leave, severance pay, or long-service awards beyond the scope of an employment contract.

The amendments specify that previous periods of professional activity under alternative arrangements will be included in the calculation of employment tenure, provided that social security contributions were paid during those periods. Verification will be based on certificates issued by the Social Security Agency (ZUS).