Poland: Changes to the Rules for Calculating Length of Service

Periods of work under civil law contracts (e.g., mandate contracts) and self-employment will be included in an employee’s total length of service. This fundamentally changes the determination of employee entitlements, such as eligibility for a longer annual vacation leave. The new regulations will also allow the period of employment with a given employer (the so-called ‘company seniority’) to be extended by the time during which the employee performed work for that employer but on a basis other than an employment contract.

The regulations for the private sector will take effect six months following the act’s official publication. At this moment, the bill is awaiting the president’s signature.

The change is retroactive – previous periods of mandate contracts, self-employment, collaboration, or work abroad (part-time) can also be included in length of service, provided they are documented. Certificates will be issued by, among others, the Social Insurance Institution (ZUS). The amendment also applies to individuals caring for a child during the suspension of their business activity, provided that pension and disability insurance contributions were paid for that period.