Starting May 1, 2026, private sector employees may qualify for a three-month notice period based on new seniority rules, provided their previous service was performed for the same employer.
New Seniority Rules and Notice Periods
From May 1, 2026, private employers must apply new standards for calculating professional seniority. These changes significantly impact both vacation entitlements and the length of notice periods. Contrary to popular belief, not every prior service contract will automatically extend an employee’s notice period.
The new regulations allow periods of work under mandate contracts, self-employment, or foreign employment to be counted toward overall seniority. However, the legal definition of seniority for notice periods differs from general seniority used for vacation accrual.
The Distinction Between General and Occupational Seniority
While general seniority covers all periods of professional activity and may increase vacation time, notice periods are determined exclusively by occupational seniority, defined as time spent with the current employer. Consequently, a mandate contract only impacts the notice period if it was performed for that specific company.
Transitioning Under the New Laws
The law protects existing legal relationships. If a notice period is already underway as of May 1, 2026, the previous rules apply, meaning additional periods like past mandate contracts will not be retroactively applied to shorten or lengthen the ongoing termination process.
Documenting Past Employment
The burden of proof lies with the employee, who must apply to the employer and provide documentation of prior work. While a ZUS certificate is the primary document, employees may also provide contracts, tax records, or invoices to verify service, particularly for periods where no social security contributions were mandatory.
Deadlines for Document Submission
Employees already working for a private firm on May 1, 2026, have 24 months—until May 1, 2028—to submit proof of past employment. For those hired after this date, documentation should ideally be provided at the time of hiring, as labor claims are subject to a three-year statute of limitations.
