HRstation

Equality and transparency of remuneration and new rights of the National Labour Inspectorate – in our opinion, these are the two most important topics in the area of human capital management in 2026. Therefore, we cordially invite you to a business breakfast on these two topics, which are important for HR leaders and CFOs. During the meeting, we will discuss the current drafts of two bills, share our observations and conclusions, and invite you to join the discussion – it will be a great opportunity to exchange experiences at the intersection of business and consulting. We look forward to inspiring conversations in an intimate atmosphere. Details and a link to register will be published in the first half of November.

Starting next year, length of service will include not only employment under standard contracts, but also, among others, periods of running a business, performing service contracts, or working abroad. This means that more individuals will gain entitlement to longer annual leave, seniority bonuses, and, in some cases, extended notice periods.

Employees will be required to submit an application to the Social Insurance Institution (ZUS) to confirm these periods – they will have 2 years from the date the law enters into force. Applications will be available on new forms provided in the PUE/eZUS system. In the case of work performed abroad, other documents will be sufficient, such as contracts or employment certificates (along with a translation).

The new provisions will enter into force:

• on 1 January 2026 – for the public sector
• on 1 May 2026 – for other employers

Resolution of the Supreme Court of 30 September 2025, ref. III PZP 6/24

The Supreme Court has confirmed that the prohibition on terminating employment contracts under Article 39 of the Labour Code also applies to fixed-term contracts – even if the contract expires before the employee reaches retirement age.

The resolution resolves previous inconsistencies in case law. Until now, some courts held that the protection extended to fixed-term contracts, while others took a different position when contracts ended before retirement age.

Decision of the Polish Data Protection Authority (PUODO) of 12 September 2025, ref. DKN.5131.7.2025

A company’s CEO cannot serve as a Data Protection Officer (DPO) – this is the conclusion of the latest decision issued by the Polish Data Protection Authority. PUODO found that a person holding a managerial position in a company does not meet the independence requirement, which is essential for the effective performance of DPO duties.

This decision may have significant implications for companies that have appointed board members as DPOs. It is advisable to review current appointments and, if necessary, make changes to avoid the risk of the supervisory authority challenging the DPO’s status.

From 12 October 2025, the Entry/Exit System (EES) is in force – a modern tool that records the crossing of the EU's external borders by third-country nationals going for a short stay (up to 90 days within 180 days).

The system will be gradually implemented by 29 European countries, including Poland, and will include, m.in registration:

• personal data from the travel document,
• dates and places of entry/exit,
• biometric data (facial image and/or fingerprints),
• information about the refusal of entry.

Main purpose of the EES is improving border controls, reducing waiting times and increasing security in the Schengen area. It is worth remembering that the system does not introduce new requirements for people who can travel freely in Europe, and the data will be processed in accordance with privacy regulations.

More information here

Until 4 March 2026, the deadlines for selected proceedings concerning the legalisation of the stay of foreigners and the granting of international protection are in force.

Below we explain the most common doubts or questions on this topic:

• the deadlines for legalisation of the stay of foreigners and international protection have been suspended, proceedings will continue to be conducted and new applications will be accepted
• the provisions on inactivity and protracted proceedings do not apply
• authorities do not have to inform the parties of delays or are not subject to penalties for failure to take a decision on time

The changes result from the mass influx of foreigners and aim to adapt administrative procedures to the exceptional migration situation proceedings will be continued as efficiently as possible.