Changes in how employment tenure is calculated – what do they mean for employees and employers?

February 17, 2026

As of January 1, 2026, new provisions introducing a reform of the Labour Code regarding the method of calculating employment tenure have entered into force. These changes aim to include not only traditional forms of employment under an employment contract but also other professional activities that previously did not affect vacation entitlement, employee rights, or severance pay. The amendment is therefore significant for both employees and employers, including private sector entities.

Why are changes needed?

Current Labour Code provisions assume that employment tenure primarily includes:

• employment under an employment contract,
• service in certain public formations (e.g., military, civil service),
• other periods explicitly indicated in special laws.

Meanwhile, an increasing share of the labour market operates under civil law contracts (mandates, B2B contracts), self-employment, or work performed abroad. As a result, people who have actively worked for many years often have a formally shorter employment tenure than their actual professional experience. The amendment aims to eliminate this discrepancy.

What does the amendment change?

Under the amended Labour Code, employment tenure will also include:

• periods of running a sole proprietorship, provided social security contributions were paid during that time,
• periods of performing mandate contracts, if pension and disability contributions were paid,
• periods of work abroad, if performed legally and documented,
• as well as other periods of professional activity, confirming actual participation in the labour market.

In practice, this means that people who, for example, worked for several years as self-employed or under civil law contracts will gain the right to longer holiday leave or higher severance pay in case of employment termination.

The amendment also provides for the creation of a central register of professional activity periods, maintained by ZUS, which will enable verification of contribution data and automatic determination of total employment tenure. These data will be available to both the employee and the employer, simplifying the process of verifying entitlements.

Implications for employers

The change in how employment tenure is calculated will have significant consequences for companies, particularly:

• more people will gain the right to 20 or 26 days of vacation leave,
• the number of employees entitled to longer notice periods and higher severance pay (e.g., in group layoffs) may increase,
• HR and payroll systems and procedures will need to be adapted to the new verification rules.

Although the law does not require employers to independently obtain documents confirming periods of business activity or civil law contracts, in practice, this may be necessary when determining vacation entitlements. It is advisable to anticipate appropriate provisions in work regulations and HR documentation.

When will the new rules take effect?

The amendment was signed by the President on October 16, 2025, and will enter into force on January 1, 2026, with a six-month transition period for some provisions related to the ZUS IT system. This means employers will have time to adapt HR systems and review procedures.

Importantly, confirming new periods of employment tenure will only be possible based on certificates issued by ZUS. Starting January 1, 2026, public sector employees (and from May 1, 2026, private sector employees) will be able to apply to ZUS for confirmation of contribution periods that were previously not included in employment tenure. Employees will have only 24 months from the effective date of the changes to submit such applications.

Summary of changes in practice

The employment tenure reform is one of the biggest steps toward adapting labour law to the modern job market. Thanks to it, actual professional experience – regardless of the legal form of work – will have a real impact on employee rights. For businesses and HR departments, however, this is an organisational challenge that should be planned in advance, considering not only HR aspects but also budgetary and tax implications.

Tags employment tenure, Kodeks Pracy, labor code, staż pracy