From 2026, work seniority in Poland includes not only umowa o pracę (employment contract) but also years on umowa zlecenie (civil-law contract of mandate), running your own business and work abroad on another basis. At private companies, the new rules have applied since 1 May 2026. For your employer to count those years, order a certificate from ZUS (social security) through eZUS (the USP application) and hand it to the HR department.
What changed in 2026
The changes were made by the act of 26 September 2025 (ustawa z dnia 26 września 2025 r. o zmianie ustawy – Kodeks pracy oraz niektórych innych ustaw, Dz.U. 2025 poz. 1423), known as the “seniority act” (ustawa stażowa). It added article 302¹ to the Labour Code, listing the periods that now count towards seniority (okres zatrudnienia), on which a worker’s rights depend.
The act came into force on 1 January 2026 for employers in the public finance sector, that is, state and local government institutions. For everyone else, including warehouses, factories and shops, it has applied since 1 May 2026.
This doesn’t turn a zlecenie into an employment contract. The years on it are simply taken into account once you are working on umowa o pracę and your employer works out your rights.
Which periods now count towards seniority
- Umowa zlecenie, service contracts under the zlecenie rules and agency contracts (umowa agencyjna) – if you had pension and disability insurance (ubezpieczenie emerytalne i rentowe) during that time.
- Self-employment (działalność gospodarcza) and working with a self-employed person as an osoba współpracująca (collaborating person) – if ZUS contributions were paid; also the period of the “ulga na start” relief.
- Suspending your business to care for a child – if pension and disability contributions were paid.
- Zlecenie without contributions, when the law exempted you from insurance – including pupils and students under 26. Such a period must be backed up with documents.
- Paid work abroad not under an employment contract, for example as a self-employed person in Ukraine – also provided you have documents.
Not included: umowa o dzieło (contract for specific work), volunteering and student internships. If periods overlap – for example, zlecenie and umowa o pracę at the same time – only one counts, whichever is better for you.
What longer seniority gives you
| Right | Which seniority it depends on | What the reform changes |
|---|---|---|
| Holiday: 20 days with under 10 years’ seniority, 26 days from 10 years (art. 154 of the Kodeks pracy) | Total, with all employers | Zlecenie, your own business and other periods are added to your total seniority |
| Notice period: 2 weeks, 1 month or 3 months (art. 36 of the Kodeks pracy) | Only with your current employer | Only zlecenie done for that same employer count |
| Seniority allowance, long-service award, severance pay | The act for the public sector or the company’s internal rules | The new periods count where these payments depend on seniority |
Example. You worked for 5 years on zlecenie with ZUS paid, then 6 years on umowa o pracę. Until now your employer saw 6 years of seniority (not counting education) and gave you 20 days of holiday. Once you bring the ZUS certificate, your seniority will be 11 years, and from 1 May 2026 you are entitled to 26 days.
Education is added separately to the seniority used for holiday (art. 155 of the Kodeks pracy): for example, 8 years for a completed university degree. The reform didn’t change this rule, and study and work in the same years are not added together.
How to get a ZUS certificate: step by step
- Log in to eZUS on zus.pl with Profil Zaufany, e-dowód or mObywatel.
- Don’t have any of them? Register in eZUS and choose the option “e-Wizyta lub wizyta w placówce ZUS”. You’ll need your first name, surname, date of birth, PESEL (if you have no PESEL – your passport details), phone number and email. Within 7 days, visit a ZUS branch with an ID document or have a video call with a ZUS employee. Step-by-step registration guide on zus.pl.
- File the USP application. In eZUS, open “Usługi” → “Katalog usług” and find “USP” (Wniosek o wydanie zaświadczenia o ubezpieczeniu dla celów doliczenia okresów do stażu pracy). You can request all periods, a chosen time span or a specific client by their NIP. No attachments are needed.
- Wait for the reply in eZUS. ZUS has 7 days. The certificate or decision is sent only to your online account, so turn on text or email notifications in your settings.
- Give the certificate to your employer. Download the file and pass it to the HR department. A certificate generated by the ZUS system without a handwritten signature is valid.
The law doesn’t provide for a paper USP application, and your employer can’t order the certificate for you: the worker files the application themselves. If you don’t have a PESEL number yet, start with that – how to get a PESEL number in Poland.
If ZUS refuses or the period isn’t on ZUS records
| Situation | What to do |
|---|---|
| You were a student under 26 on zlecenie and no contributions were paid | ZUS will refuse. Bring your employer the contracts, bills (rachunki), proof of transfers or tax documents |
| The client made mistakes in their ZUS reports or didn’t file them | After a refusal decision, ask ZUS for a clarification procedure (postępowanie wyjaśniające): in eZUS on the POG form, by post or at any branch, with copies of the contracts |
| You worked abroad, for example in Ukraine | ZUS doesn’t have this data. Bring documents from the tax or insurance authority, an extract from the business register or a certificate from your foreign employer |
| You have no documents left | Ask your former client for copies, although they don’t have to provide them. Without documents, the period won’t be counted |
It is your employer who finally counts the period. They can refuse if the documents are incomplete or raise justified doubts, and then it is up to you to prove the period – for example, with a translation by a sworn translator (tłumacz przysięgły). Disputes are settled by the labour court (sąd pracy).
When to bring the documents
If you were already working for a private employer on 1 May 2026, you have 24 months from that date to bring documents for the new periods. A period not confirmed within that time won’t be counted towards your seniority by that employer.
New rights arise from the day you acquired them, but no earlier than 1 May 2026. If the documents arrive later but within the deadline, the right counts from the day you acquired it, not from the day you brought the certificate. The law doesn’t provide for back pay for holiday or bonuses for the years before 1 May 2026.
If you are starting a new job, bring the certificate straight away when you are hired. That way your employer will work out your holiday entitlement correctly from the start.
Common mistakes
- Expecting the HR department to order the certificate from ZUS for you.
- Confusing zlecenie with umowa o dzieło: a contract for specific work gives no seniority.
- Not checking eZUS: the ZUS reply doesn’t come by post.
- Counting the same months twice when zlecenie and umowa o pracę ran in parallel.
The Ministry of Family, Labour and Social Policy has put together detailed answers about the new rules: Staż pracy – pytania i odpowiedzi.
What to do next
Gather all your zlecenie contracts, proof of payments and documents from Ukraine, file the USP application and give the certificate to your employer. At STARKO, workers get a legal contract under Polish law with insurance, and the coordinator speaks Ukrainian and Russian and is available every day. Looking for a job like that? Browse our jobs with accommodation.
Frequently asked questions
Does umowa o dzieło count towards work seniority from 2026?
No. The new rules cover umowa zlecenie, service contracts, agency contracts and self-employment, but umowa o dzieło does not count towards seniority.
How do I get a ZUS seniority certificate without Profil Zaufany?
Register in eZUS on zus.pl and, within 7 days, confirm your identity at a ZUS branch with an ID document or in a video call with a ZUS employee. Then file the USP application in eZUS.
How long does ZUS take to prepare the seniority certificate?
ZUS handles the USP application under administrative procedure rules and has 7 days to do so. It sends the certificate, or a decision refusing it, only to your eZUS online account.
Will work in Ukraine count towards Polish work seniority?
Documented work abroad under an employment contract counts under the existing rules, and from 2026 so does work on another basis, for example as a self-employed person. ZUS doesn’t issue certificates for this, so you bring the documents from abroad to your employer yourself.
Will my employer pay me for holiday I missed out on in past years?
No. Rights from longer seniority arise from the day you acquired them, but at private companies no earlier than 1 May 2026.