Agreement-commission included in the seniority. The government will bend over the left project

On Tuesday, the government will deal with a project of changes in the Labor Code, which assumes that the periods worked at the contract or sole proprietorship will be included in the seniority – according to the schedule of the meeting of the Council of Ministers. The changes are to come into force on January 1, 2026.

Pursuant to the provisions of the mandate contract today and the period of conducting a sole proprietorship, they do not include seniority.

The Ministry of Family, Labor and Social Policy has prepared a draft amendment to the Labor Code, which aims to equalize opportunities in access to some employee benefits. These are right to longer leave, jubilee awards and positions requiring confirmed professional experience.

According to the project, the period of employment will include, among others: periods of conducting non -agricultural business activity, periods of cooperation with a person conducting business activity, time of suspension of business activity in order to provide personal care of a child, periods of performance of commission contracts, the provision of services or agency services and time as a cooperating person, periods of membership in the Agricultural Production Cooperative and Cooperative of Agricultural Circles, earning work abroad (other than employment).

The ministry pointed out that these periods will be confirmed by certificates issued by ZUS. Periods of employment not subject to application to ZUS and periods other than employing paid 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 7 years of work experience, who will submit documents confirming 4 years of work on the mandate contract, 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; 26 days if the employee is employed at least 10 years. The mandate contract and the period of conducting business activity are not included in the seniority.

The project predicts that the changes will come into force from January 1, 2026. Minister of Work Agnieszka Dziemianowicz-Bąk at the beginning of June clarified that the new regulations would work back.

MRPiPS, citing BAEL research for 2023, stated that the participation of people who work non -employees (i.e. not employed under an employment contract) is 19.9 percent. This means that changes may affect nearly 1.9 million people in the public and private sectors. (PAP)

KKR/ Jann/