What does the change involve? Periods of professional activity, other than traditional full-time employment, may now be included in length of service. This determines, among other things, seniority allowances and holiday entitlement.

Under the Labour Code, an employee may gain credits towards length of service in periods when the employee:

• paid contributions to pension and disability insurance or accident insurance if  carrying on a non-agricultural business or cooperating with a person carrying out such activity
• was subject to pension and disability insurance under a contract of mandate or other service contract, or an agency contract, or due to cooperation with a person performing such a contract, as well as by virtue of membership of an agricultural production cooperative or a farmers society cooperative
• was registered for health insurance as a sole trader commencing business and not subject to pension and disability insurance for the first 6 months of trading (“start-up relief”)
• collaborated with a person benefitting from start-up relief
• had pension and disability insurance contributions paid for due to taking personal care of a child while the person’s business activity was suspended
• had pension and disability insurance contributions paid for due to taking personal care of a child as a collaborating person.

Nevertheless, an appropriate certificate must be obtained from ZUS (Social Insurance Institution). The application (USP form) may only be submitted electronically via the eZUS system. ZUS will process it within 7 working days. Employers may verify the authenticity of such certificates directly on ZUS’s website.

An important note, though, is that the new regulations do not apply to pensionable service: they have no impact either on the entitlement to a pension or its amount.