How to Count Commission Contracts Toward Seniority in 2026: A Guide and ZUS Certificate

New labor code amendments effective in 2026 expand the definition of work seniority to include civil-law contracts, potentially granting many employees six additional days of leave.

Key Changes to Work Seniority and Leave

2026 brings significant changes to the labor code that will directly affect employees. Beyond new rules on pay transparency and gender neutrality, along with increases to the minimum wage and hourly rate, several regulations will impact annual leave entitlements.

Changes taking effect systematically from January 1, 2026, include the method for calculating work seniority—which directly determines leave duration—as well as rules for paying compensation for unused leave. A pilot program from the Ministry of Family, Labour and Social Policy aiming to shorten working hours is also relevant.

Leave Entitlements in 2026

Under Article 154 § 1 of the Labor Code, an employee with less than 10 years of tenure is entitled to 20 days of leave, while one with 10 or more years receives 26 days. The length of leave therefore depends on the total period worked, known as work seniority, not just time spent with a current employer.

Rules for calculating seniority change in 2026. Pursuant to the newly added Article 3021 of the Labor Code, periods of work under civil-law contracts, such as commission contracts and contracts for work, as well as periods of work performed abroad, are now included.

Impact on Employees and Required Documentation

Including civil-law contracts in work seniority means many employees may gain a one-time right to six additional days of leave.

To recalculate seniority, employees must confirm they performed work under a civil-law contract and were subject to pension and disability insurance. To have these periods counted, the employee must obtain a certificate from the Social Insurance Institution (ZUS).

Deadline for Payment of Unused Leave Compensation

Current regulations grant employees the right to compensation for unused leave if their employment ends, but the law previously did not specify a payment deadline. This often created administrative difficulties.

The labor code amendment, effective January 27, 2026, establishes a deadline for this payment. Under the new Article 171 § 3 and 4, the employer must make the payment by the regular payday. If that date occurs before the employment contract ends, the payment is due within 10 days of the termination or expiration of the employment relationship.

Pilot Program for Shorter Working Hours

On January 1, 2026, the Ministry of Family, Labour and Social Policy will launch a pilot program to introduce shorter working hours while maintaining current salaries and full leave entitlements. Employees will retain their right to 20 or 26 days of annual leave despite working fewer hours.

According to the Ministry, 90 employers and over 5,000 employees are participating in the pilot for 2026, testing one of three models or other proposals suited to their operational needs. The program aims to improve work-life balance and increase efficiency.

Additional Days Off for Civil Service

An ordinance from the Prime Minister on January 5, 2026, designates two additional days off for civil service employees. These days will allow officials to extend two weekends in the year with free Fridays.

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