Length of service plays a key role in the labour law system. It affects, among other things, seniority allowances and jubilee awards. With successive amendments to the Labour Code, legislators are increasingly resorting to solutions aimed at clarifying or modifying the method of determining length of service, adapting the regulations to the realities of the modern labour market. These changes are of great interest to both employers and employees, especially in the context of including periods of work performed under civil law contracts in the length of service.
Changes in regulations: who will benefit from the new rules for counting seniority?
Under the current regulations, seniority is primarily calculated based on the period of employment under an employment contract, selection, appointment or nomination. In addition, periods of education in secondary, higher and vocational schools are also included. This practice leads to unequal treatment in terms of the acquisition of employee rights, in particular for persons who performed work under legal relationships other than an employment relationship.
On 24 June 2025, the Council of Ministers adopted a draft presented by the Ministry of Family, Labour and Social Policy. This groundbreaking solution may revolutionise access to many employee rights and equalise opportunities for employees, regardless of the form of cooperation.
Length of service: proposed changes
First of all, the above-mentioned draft provides for the inclusion in the length of service not only of the period of employment under an employment relationship and service relationships, but also the period of performing work and conducting activities specified in Article 6(1)(3), (4), (5), (5a), (6), (8), 11, 12 of the Act of 13 October 1998 on the social insurance system (Journal of Laws of 2024, item 497), where they constituted grounds for social insurance.
Consequently, the following periods will be included in the period of employment:
- non-agricultural activity carried out by a natural person and remaining a person cooperating with a person carrying out non-agricultural activity,
- performance of a contract of mandate or a contract for the provision of services,
- performance of an agency contract,
- remaining a person cooperating with the above-mentioned persons,
- being a member of an agricultural production cooperative and agricultural circles cooperative,
- period spent abroad in gainful employment other than employment,
- suspension of business activity by a person conducting non-agricultural business activity for the purpose of personal care of a child for whom pension and disability insurance contributions have been paid.
Length of service: confirmation
The period of employment will be confirmed in two ways:
– Certificate issued by the Social Insurance Institution (ZUS) (for periods of employment subject to notification),
– General rules of evidence (in the case of periods of employment not subject to reporting to ZUS and periods other than gainful employment abroad.
Entry into force of the regulations – length of service and amendment to the Labour Code
According to the Ministry’s draft, the new regulation will not come into force until 1 January 2026. This time is necessary for employers to reliably determine the periods of employment of their employees in accordance with the new rules, make the necessary calculations, adapt their internal regulations and secure the appropriate financial resources. This will ensure that the amendment can be implemented without disruption and that its objectives, i.e. the actual equalisation of opportunities for employees, are achieved in practice.
Do you have additional questions about length of service and the amendment? Be sure to contact us!
