New Polish regulations coming into effect on May 1, 2026, will broaden the definition of work tenure to include previous contracts and self-employment, potentially extending notice periods.
New Rules for Calculating Work Tenure from May 1, 2026
Changes to the rules for calculating work tenure in the private sector will take effect on May 1, 2026. Previous contracts for services and self-employment will be included in the calculation, which may result in longer notice periods for employment contracts.
This change will have a real impact not only on entitlements but also on the timing and conditions for ending employment.
Significant Changes to Work Tenure Determination
From May 1, 2026, important changes will come into force regarding the determination of work tenure in the private sector. The amendment to the Labor Code expands the catalog of periods included in the tenure, including contracts for services and self-employment.
Impact on Notice Periods
The change is systemic and not limited to vacation or seniority bonuses. A particularly important consequence may be its impact on the notice period for employment contracts.
New Rules for Including Contracts and Self-Employment in 2026
After the new regulations come into force, the following periods may be credited towards work tenure in the private sector:
Retroactive Consideration of Certain Periods
Importantly, some of these periods may also be considered retroactively – provided they are properly documented, e.g., with a ZUS certificate or other evidence (invoices, bank transfers).
Notice Period Thresholds Remain Unchanged
The length of the notice period still depends on the length of service with a specific employer and is as follows:
Increased Tenure May Extend Notice Periods
Here, the change may be most significant. Adding previous periods of employment may cause an employee to exceed a higher tenure threshold, which will extend the notice period.
Work Tenure and Longer Notice After May 1, 2026
A key issue is the impact of previous contracts for services on the length of the notice period for an employment contract. The new regulations allow for the inclusion of periods of performing contracts for services, but only when they were performed for the same employer.
This means that when determining the length of the notice period, it is not the entire professional history that counts, but only the relationship with a specific employer. If an employee:
then these periods may be combined to determine the length of service with that employer. If the total tenure exceeds the required threshold (e.g., 6 months or 3 years), this may result in moving to a longer notice period. For example, an employee employed on a permanent basis for 2 years, who previously performed a contract for services for the same employer for 1 year, may – after the new rules come into force – reach a total tenure of 3 years. As a result, the notice period may be extended from 1 month to 3 months.
Transitional Provisions – When New Rules Do Not Change Notice
The legislator has introduced an important safeguard. If a notice period for an employment contract is already in progress on the date the new regulations come into force (May 1, 2026, in the private sector), then:
This means that new periods (e.g., contracts for services or self-employment) cannot extend a notice period that is already in progress when the changes come into effect.
The legislator explicitly confirms that the change in law does not interfere with ongoing notices – their terms remain unchanged until the end.
Key Importance of the Timing of Notice
24 Months to Document Work Tenure – Real Consequences
Employees will have 24 months to document new periods of employment. During this time, they must submit documents confirming their previous professional activity, such as:
If the employee does so within the deadline, the new periods will be added to their work tenure, which may affect, among other things:
Lack of documentation may result in some periods not being taken into account when determining entitlements.
Work Tenure 2026 – Impact Not Only on Notice
The changes to work tenure from 2026 are not limited to the issue of employment contract notice periods, as the new rules will also have a significant impact on determining information about employment conditions, granting seniority bonuses, acquiring the right to jubilee awards, and in recruitment processes where a certain length of service is required.
Summary
The changes from May 1, 2026, may significantly extend the work tenure of many people. This, in turn, will affect not only vacation or bonuses, but also the length of the employment contract notice period.
In practice, both the tenure itself and whether it has been properly documented and when the employee takes advantage of the new regulations will be important.