Large changes in the way the seniority is calculated. MPs decided

Periods worked on civil law contracts or sole proprietorship will be included in the seniority – assumes the amendment to the Labor Code, which was adopted on Friday by the Sejm. Only the period worked on the employment contract is currently taken into account.

428 MPs voted for the amendment, against three, no one abstained.

Earlier, MPs voted for adopting five amendments to the project, submitted by the Left Club. Four of them were clarifying, and one – legislative.

According to the content of a legislative amendment The period of employment will also include the period of conducting the child's personal care for the child, for which the contributions for retirement and disability pension insurance were paid. The justification emphasized that the addition of this regulation is aimed at equalizing the rules for determining the seniority not only for employees and entrepreneurs, but also cooperating.

However, four corrections of the PiS club were rejected, which wanted to include the periods of internships: performing spiritual activities, overlay work and remaining a member of the supervisory board or a partner in a commercial company. The amendment of Poland 2050 was also rejected, which – according to the Extraordinary Commission for changes in codification – went beyond the scope of the planned provisions.

Currently, the seniority only includes periods worked on the employment contract. According to the amendment, the employment period will also include:

• periods of conducting non -agricultural economic activity,
• periods of cooperation with a person conducting business activity,
• time of suspension of business activity in order to exercise personal care of the child,
• periods of performing contracts,
• for the provision of services or agency
• working time as a cooperating person,
• periods of membership at the Agricultural Production Cooperative and Agricultural Coach Cooperative,
• Documented periods of working work abroad (other than employment).

The ministry, which has prepared the new regulations, indicated that these periods will be confirmed by certificates issued by ZUS. Periods of employment that does not subject to ZUS notification and periods other than earning work abroad will be confirmed on the principles of general evidence rules. Completing them as a seniority will require the presentation of relevant documents.

For example, an employee with seven years of work experience, who will submit documents confirming four years of work at the contract, and After January 1, 2026, he will have the right to 26 days of vacation instead of the previous 20.

In the current legal status, the dimension of holiday leave is: 20 days if the employee is employed for less than 10 years; and 26 days if the employee is employed at least 10 years.

The periods before the entry into force of the Act will also be included in the seniority. The condition will be their proper documentation. The employee will have 24 months from the entry into force of the Act to present documents to his current employer.

The entry into force of the Act was divided into two dates – from January 1, 2026 for the public sector and from the first day of the month after six months from the announcement of the Act – for the private sector.

Now the amendment will go to the Senate. (PAP)

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