New regulations regarding the calculation of work experience now apply to the private sector, prompting scrutiny of acceptable documentation practices.
Employers’ Regulations on Documentation are Limited
Employers are prohibited from including provisions in their internal regulations that reject documents or limit employee rights. The correct documentation of professional activity periods without social security contributions is a key issue.
The ZUS (Social Insurance Institution) does not always issue the necessary certificates, making alternative documentation crucial.
Changes to Work Experience Calculation Rules
Long-awaited changes to the rules for calculating employee work experience now apply to the private sector, effective January 1, 2026. While initially appearing straightforward, implementation proved challenging for budgetary entities, and now for private companies.
The regulations have been extensively analyzed by experts, and the Ministry of Labor has provided clarifications on proper application.
Documenting Periods Without Social Security Contributions
Documenting additional periods of professional activity can be problematic, particularly when social security contributions were not paid. However, regulations allow for the inclusion of such periods in work experience.
Acceptable Documentation and Employer Restrictions
Acceptable documentation includes contracts, invoices, and certifications from employers or agricultural cooperatives. While employers generally accept ZUS certificates, they often question the validity of other documents.
Some employers have attempted to restrict acceptable documentation in their internal regulations, but these regulations cannot be less favorable to employees than statutory provisions.
Legal Basis
Article 3021 and Article 3022 of the Labor Code of June 26, 1974 (Journal of Laws of 2025, item 277).