While new legislation allows civilian employees to include self-employment and freelance work toward seniority benefits starting in 2026, professional soldiers remain excluded from these clear statutory rights, sparking mounting uncertainty.
New Rules for Counting Seniority
Starting January 1, 2026, for the public sector and May 1, 2026, for the private sector, the amended Labor Code allows individuals to count self-employment and civil-law contracts toward their total work experience. This change aims to end long-standing inequalities for employees transitioning to full-time contracts.
These added years impact key benefits, including length-of-service bonuses, extended vacation leave, and jubilee awards. However, to benefit from these changes, employees must obtain formal certification from the Social Insurance Institution (ZUS).
Military Excluded from Legislative Clarity
While the updated Article 302 of the Labor Code explicitly lists various uniformed services—such as the Police, Border Guard, and State Fire Service—it omits professional soldiers of the Polish Armed Forces. This legislative oversight has left many military personnel wondering if they are entitled to similar treatment.
The issue is particularly pressing for service members who operated businesses or worked on freelance contracts before joining the military. They fear these years of prior professional experience will not be credited toward their service seniority.
Parliamentary Inquiry and Ministry Response
Member of Parliament Magdalena Sroka filed an interpellation with the Minister of National Defense to address this discrepancy. She argued that failing to include soldiers alongside other uniformed services creates an unjustified inequality for those performing comparable public duties.
The Ministry of National Defense responded by noting that the new law amends the Labor Code rather than military-specific regulations. While the Ministry claimed it sees no fundamental obstacle to recognizing such periods for jubilee awards, it confirmed that no legislative changes to implement this for soldiers are currently planned.
Practical Impact on Personnel
The lack of clear regulation creates a legal gray area for soldiers, who are governed by the 2022 Homeland Defense Act. Without explicit amendments, it remains unclear how individual military units will interpret these requirements or what documentation will be demanded from service members.
Given the government’s target to expand the professional army to 250,000 personnel, the exclusion of soldiers with diverse career backgrounds is a significant issue. For many, this is not merely a technical dispute but a question of fair financial compensation regarding earned seniority rewards.
