Significant changes are underway in Poland’s labour law that may fundamentally reshape how employment history is calculated for the purposes of employee entitlements. A draft amendment to the Labour Code, prepared by the Ministry of Family, Labour and Social Policy, proposes to include periods of self-employment and civil law contracts as part of an individual’s employment tenure. The new regulations are scheduled to come into force on 1 January 2026, with retroactive effect.
Expanded definition of "employment period"
The core change involves expanding the definition of the "period of employment" to include previously excluded forms of economic activity. These periods would now count toward eligibility for employee benefits such as annual leave, jubilee awards, service bonuses, and severance pay.
The new approach will apply, for example, to:
- Periods of self-employment (non-agricultural business activity) and cooperation with a self-employed person,
- Work performed under civil law contracts (e.g. contracts for services, agency contracts),
- Time spent as a member of an agricultural production cooperative or a cooperative of agricultural service providers,
- Periods of business suspension for the purpose of childcare, provided pension contributions were paid,
- Paid work performed abroad under non-employment arrangements, provided it is properly documented.
Implications for employers and employees
For employees, the impact may be particularly visible in the calculation of annual leave. Under current regulations, an employee with 7 years of employment under a labour contract is entitled to 20 days of annual leave. After the amendment, if the individual can document an additional 4 years of work under civil law contracts, the total service period will reach 11 years - qualifying for 26 days of leave.
The proposed changes will also influence:
- Eligibility for benefits tied to length of service (e.g. service bonuses, severance entitlements),
- Recruitment processes for roles with tenure-based requirements,
- Internal company policies based on seniority thresholds.
The new rules will require that periods of alternative employment be appropriately documented, for instance via social insurance records (ZUS). In cases where social insurance was not reported (e.g. foreign freelance work), proof may be provided under general evidentiary principles.
Current legal framework
Currently, under article 2. of the Labour Code, only work performed under an employment relationship is considered employment for legal purposes. This excludes civil law arrangements, self-employment, and other flexible forms of work from being counted toward employment-based rights.
Although some exceptions already exist - such as periods of military service or work abroad for foreign employers - these are defined narrowly in special regulations. The proposed amendment seeks to standardise the approach by extending recognition to modern forms of work that have become increasingly common in recent years.
Legislative timeline
While the draft was prepared in 2024, as of June 2025 it has not yet been adopted by the Council of Ministers or submitted to Parliament. However, it has been approved by the Standing Committee of the Council of Ministers, indicating that legislative progress is likely to follow shortly. The law is planned to enter into force on 1 January 2026.
Preparing for changes in Poland
This reform represents a step toward a more inclusive and equitable labour system in Poland. Recognising alternative forms of economic activity in the calculation of employment tenure may allow hundreds of thousands of individuals to access benefits that have traditionally been reserved for standard employment contracts.
Organisations operating in Poland - especially those with diverse or international workforce models - should monitor the legislative process and prepare for the necessary adjustments to HR and payroll systems.
