[Poland] New seniority from 2026? Key information for companies

The pending amendment to the Labour Code will introduce significant changes in the way seniority is calculated. From 1 January 2026, periods of employment on the basis of contracts of mandate and business activity will also be counted towards seniority. Companies will have to prepare for new regulations concerning, among other things, the length of leave, severance pay and notice periods.

New rules for calculating length of service – what do they mean for companies?

On 1 January 2026, companies will face the need to adapt their HR systems to revolutionary changes in the way seniority is calculated. The proposed amendment to the Labour Code (UD59), prepared by the Ministry of Family, Labour and Social Policy from July 2024, aims to eliminate the existing inequalities in the treatment of employees based on the form of their previous work activity.

A key change is to be the inclusion of periods of contract of mandate and entrepreneurial activity as part of seniority, on which many employee rights depend. This means that experience gained while working under civil law contracts and as an entrepreneur will have a direct impact on employee rights, such as the length of annual leave, the amount of severance pay, the notice period or the right to seniority allowances and jubilee awards. See also: Non-wage benefits – how to ensure employee well-being?

Significantly, the amendment will also cover periods of service in certain uniformed formations, including the Marshal Guard and the Customs and Fiscal Service, broadening the catalogue of professional activities to be taken into account. These changes are important for companies’ personnel policies and require them to thoroughly review their existing human resources management practices.

Read also: No contributions on contracts of mandate. What solutions instead?

Moreover, as the Government Legislation Centre informed on 7 May 2025, the provision with regard to Article 3021 § 7 has been deleted from the draft. Thus, the draft will leave unchanged the rules that currently apply within the framework of individual employee pragmatics and concern the requirement to end or not end periods of employment other than an employment contract (such as work in agriculture) in the context of including them in the length of service affecting entitlements.

Employer obligations and changes in leave, severance pay, notice periods

The implementation of new regulations on calculating length of service entails specific obligations for employers. First of all, companies will have to take into account previous periods of employment of employees on the basis of contracts of mandate and conducting business activity when determining the amount of vacation leave they are entitled to.

For many employees, whose total length of service (including civil law contracts and business activity) exceeds 10 years, the amount of leave will increase from 20 to 26 days per year, which will require appropriate planning and absence records.

See also: Working on sick leave? MRPiPS is preparing a revolution in L4

Another important aspect is the changes to cash severance payments. In the case of group layoffs or individual dismissals for reasons not related to the employee, the amount of severance pay will depend on longer length of service, which may significantly increase costs for employers.

Similarly, the notice periods for employment contracts will be extended, which will affect the process of dismissing employees and planning employment. The new regulations will also affect other benefits related to seniority, such as jubilee awards and seniority bonuses, which will have to take into account a wider range of employees’ professional experience. Companies should start analysing the potential impact of these changes on their HR budgets and procedures now.

To better understand the consequences of the upcoming changes, it is worth looking at specific examples. Let us imagine an employee who has been employed for 4 years under an employment contract, and previously provided services under a mandate contract for 3 years. Currently, when determining their right to leave, only 4 years of full-time employment are taken into account. After the amendment comes into force, their length of service will be 7 years, which could potentially increase the length of vacation leave. Similarly, the notice period of an employee with short-term full-time employment but longer experience under civil law contracts will be extended.

These examples show how important it is for HR departments in companies to start the process of identifying employees whose length of service will change and to adapt the systems for recording and calculating employee benefits to the new regulations. Early preparation will help avoid errors and misunderstandings and ensure a smooth implementation of the new regulations from 2026.

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