Contracts and self-employment now count towards seniority

Years worked on an umowa zlecenia (civil-law contract of mandate), in your own business or abroad without an employment contract can give you longer annual leave, a higher seniority bonus or a longer notice period. Since 1 May 2026 private employers must also count these periods towards staż pracy (length of service). The condition: you have to document them — usually with a certificate from ZUS (Social Insurance Institution). If you were employed on 1 May 2026, you have 24 months to submit the documents to your current employer.

What has changed

Until now, length of service was based mainly on time spent under an umowa o pracę (employment contract). The new art. 302¹ of the Kodeks pracy (Labour Code) adds to the “period of employment”, among others:

• an umowa zlecenia and other service contracts governed by the rules on mandate,
• an agency contract,
• running a business (for periods with paid contributions) and cooperating in it,
• the “ulga na start” (start-up relief) period of a business,
• suspension of a business to personally care for a child, if contributions were paid,
• paid work abroad on a basis other than an employment contract — if documented.

Contracts of mandate without pension and disability contributions also count, e.g. a student’s contract up to age 26 — provided you have a document proving it.

Dates: public finance sector employers apply the new rules from 1 January 2026, all others from 1 May 2026.

What it affects

The act refers generally to the “period of employment”. In its guidance the Ministry of Family, Labour and Social Policy (MRPiPS) lists, among others:

• a higher annual leave entitlement,
• a longer notice period and a higher severance payment,
• a higher seniority bonus and jubilee award — if the rules applicable at the given employer provide for them,
• access to job offers requiring a set length of service.

Two caveats:

• For service with a given employer (e.g. the notice period) only contracts or other work performed for that employer count.
• Where periods overlap (e.g. a job and a contract of mandate at the same time), time counts once — whichever is more favourable to you.

According to MRPiPS guidance, the following do not count, among others: an umowa o dzieło (contract for specific work), unregistered business activity, student internships and volunteering. The change does not affect pensions.

How to get the ZUS certificate

1. Log in to eZUS (PUE ZUS). The application can only be filed online.
2. Choose form USP — “Wniosek o wydanie zaświadczenia o ubezpieczeniu dla celów doliczenia okresów do stażu pracy” (application for an insurance certificate for adding periods to length of service). For periods before 1 January 1999 use form US-7.
3. No extra documents are attached — ZUS checks the data on your account.
4. The certificate arrives electronically. Pass it on to your employer.

If ZUS has no data and refuses, you can apply for explanatory proceedings. Contracts from your time in education (without contributions) and work abroad you document yourself — e.g. with the contract with the client, or a document from a foreign institution, business register or foreign employer. The employer may refuse to accept a doubtful document; disputes are resolved by the labour court.

Deadline: 24 months

If on 1 May 2026 you worked for an employer outside the public sector, you have 24 months from that day to present the documents to that employer. After that, this employer no longer has to count undocumented periods. In the public sector the 24 months run from 1 January 2026.

Entitlements arising from the new periods apply from the day they are acquired, but not earlier than 1 May 2026 (in the public sector — 1 January 2026).

What this means for you

If you are an employee:

• Have you worked on contracts, run a business or worked abroad? File the USP form in eZUS and hand the certificate to HR — it may change your leave entitlement or notice period.
• For work abroad, gather documents as early as possible — getting them from another country can take time.
• Do not leave it until the last months of the 24-month period.

If you are an employer:

• Tell your team about the new rules and the 24-month deadline; accept certificates and recalculate leave, bonuses and notice periods under the new rules.
• Remember the “work for this employer” rule for notice periods.
• This also applies to temporary workers and foreigners — their periods abroad may count too, if documented.

Legal basis: Act of 26 September 2025 amending the Labour Code and certain other acts (Dz.U. 2025 item 1423) — art. 1 (art. 302¹ and 302² of the Labour Code), art. 5–10; MRPiPS, “Staż pracy na nowych zasadach” (Q&A, gov.pl); ZUS, “Stażowe — nowe regulacje i zaświadczenia od 2026 r.” (29.12.2025). Legal status as of 25 September 2026.