Katarzyna Kanik for Rzeczpospolita: “Who will receive a higher seniority allowance starting January?”

Who will receive a higher seniority allowance?

The seniority allowance is a component of remuneration that applies primarily in the public sector – for public administration employees, local government officials, and teachers. Its amount increases with the length of seniority, and the first right to the allowance appears after several years of work. As of January 2026, the catalogue of periods counted towards seniority will be expanded – including periods of running one’s own business, performing civil-law commission contracts, or employment abroad.

The financial benefit from the new regulations will apply to those employees who, after adding additional periods, reach the next seniority thresholds entitling them to a higher allowance. However, employees who have already reached the maximum allowance threshold provided for in the applicable regulations will not receive higher remuneration, even if their seniority is formally extended.

How to calculate the new employment seniority?

The regulations do not provide for rounding – every documented day of work and gainful activity counts. Seniority is calculated precisely, and periods of different forms of professional activity can be added together. An employee with four years and ten months of an employment contract plus three months of a commission contract may count five years and one month of seniority.

It is particularly important to remember about overlapping periods – if an employee simultaneously worked under a commission contract and ran a business, this period is counted only once. Employers will have to carefully verify documents confirming seniority – certificates from CEIDG, invoices, receipts, or confirmations of paying ZUS contributions.

When will an employee gain the right to a higher allowance?

The right to a higher allowance arises from the day the entitlement is acquired, but not earlier than 1 January 2026 for the public sector. This means that if, after adding additional periods, the employee already had the required number of years on the date the act enters into force, the right to a higher allowance arises on that date.

Importantly, the right does not depend on the date of submitting documents but on the actual historical seniority. The employee has 24 months to provide the employer with documents confirming seniority, but only after they are submitted will the employer recalculate and pay the compensation retroactively – from the day the entitlement applied.

Real costs for employers and the private sector

The changes will have a significant impact on the budgets of public institutions. Employers will have to pay not only higher allowances but also additional ZUS contributions.

In the private sector, the situation is more flexible – employers have the freedom to shape remuneration rules. The changes will apply in private companies only if their remuneration regulations directly refer to the provisions of the act applicable in the public sector and the Labour Code. If the regulations define seniority autonomously, the new provisions will not automatically affect employees’ entitlements.

What new periods will be included in employment seniority as of January 2026? Who will benefit from the new regulations, and who may not receive a higher allowance? What documents must I collect to document my extended seniority?

These and many other questions regarding changes in calculating employment seniority are answered by legal adviser Katarzyna Kanik in her article published in Rzeczpospolita.