Starting May 1, 2026, private sector employees may count previous commission contracts toward their tenure for notice period purposes, provided the work was performed for their current employer.
New Rules for Tenure Calculation
From May 1, 2026, private employers must apply new rules for determining work tenure. These changes impact both holiday entitlement and notice periods. Contrary to popular belief, not every prior commission contract will extend a notice period.
New regulations allow specific periods—such as commission contracts, self-employment, or work performed abroad—to be added to an employee’s total tenure. However, the scope of this impact depends strictly on who the previous work was performed for.
Distinction Between General and Company Tenure
There is a crucial legal difference between general tenure and company tenure. General tenure includes all professional activities and may increase holiday entitlement. However, only company tenure—work performed at the current employer—affects the length of the notice period.
Consequently, a commission contract only influences the notice period if it was performed for the same employer. If the work was done for a different entity, it has no effect on the notice period calculation.
Impact on Notice Periods
Under the Labor Code, notice period length depends on tenure with a specific employer. If an employee was previously bound to the company by a commission contract, and including that period pushes their tenure over the three-year threshold, they may gain the right to a three-month notice period.
This provides the employee with longer protection against income loss or a higher payment in cases where the employer waives the duty to work during the notice period.
Transitional Regulations and Ongoing Notices
Legislators introduced a principle protecting ongoing legal relationships. If a notice period is already in effect on May 1, 2026, the previous rules apply. In such cases, new regulations regarding the inclusion of additional periods do not apply, and the notice period duration remains unchanged.
Documenting Past Employment
Employers will not automatically recalculate tenure; employees must submit a formal request and provide supporting documentation. A ZUS certificate confirming social security contributions is the primary document, though other evidence like contracts, invoices, bank transfers, or tax records may be used if ZUS data is unavailable.
Employees hired before May 1, 2026, have 24 months to submit these documents. For those hired after this date, no specific 24-month deadline applies, though prompt submission is advised to avoid limitations related to the three-year statute of limitations on employment claims.
