ATTENTION !!! automatic translation from Polish
The issue of vacation leave is currently regulated by the provisions of the Labor Code.
According to art. 154 § 1 of the Labor Code, the amount of vacation leave depends on the length of service
and is:
• 20 days – for employees employed for less than 10 years.
• 26 days – for employees employed for at least 10 years.
When determining the length of service, art. 154¹ § 1 of the Labor Code applies. It states that periods of previous employment are included in this period of employment, regardless of the breaks between them or the method of termination of the contract. This means that if an employee has several employment contracts with different employers, all these periods are added to their vacation length of service.
The period of study is added to the length of work on certain principles. Depending on the school completed, the employee is given a specific period of time:
• Basic or other equivalent vocational school – no more than 3 years.
• Secondary vocational school – no more than 5 years.
• Secondary vocational school for graduates of basic vocational schools – 5 years.
• Secondary general secondary school – 4 years.
• Post-secondary school – 6 years.
• University – 8 years.
The periods of education are not aggregated – only one period, the most advantageous for the employee, is included in the length of service. If the employee studied during employment, either the period of employment or the period of education is included, depending on which is more advantageous for them (Article 155 § 2 of the Labor Code).
Unfortunately, according to the current provisions of the Labor Code, the period of employment under a contract for services is not included in the length of service, which determines the amount of vacation leave in the employment contract.
However, it seems that this state of affairs has a chance to change.
Currently, advanced legislative work is underway to change the regulations, which aim to liberalize the rules for including length of service in the amount of vacation leave by taking into account periods of employment under civil law contracts, including the popular contract for services. The project received a positive opinion from the Economic Committee of the Council of Ministers and is awaiting further processing. The changes are planned to enter into force as early as 2026. However, the project must be considered and voted on by the Sejm and Senate, and then signed by the President.