On 23 May 2023, a draft law on the posting of drivers in road transport was adopted by the Council of Ministers. This project aims to adapt the Polish provisions related to the secondment of drivers to EU solutions included in the so-called Mobility Package. The proposed changes in Polish legal regulations cover both carriers based in Poland and drivers sent abroad by them, as well as transport companies from other countries, directing their employees to carry out road transport operations in the territory of the Republic of Poland.
1. Changes in Polish law and national road transport sector
The Mobility Package constitutes a set of EU legal acts that gradually but significantly changes the provisions on international road transport within the European Union. It’s primarily intended to improve the working conditions of drivers, unify the rules of operation of transport companies from different countries and ensure fair competition in the sector in question. Therefore, the above assumptions were followed during the preparation of the draft of the Polish Act on the posting of drivers, taking into account the need to protect the domestic market, as well as to improve the situation of carriers from Poland and their employees assigned to provide cross-border transport services.
The draft law adopted by the Polish government contains solutions that concern the remuneration system for drivers working for national carriers and posted by these companies abroad to perform international road transport. The most important changes are to include, among others, the method of calculating the level of ZUS contributions and PIT tax, in order to increase the predictability of labour costs incurred by Polish transport enterprises, while at the same time reducing expenditure related to administrative treatment. The planned unification within the appropriate calculations would be possible through the introduction of the so-called “virtual allowance” which would simplify the settlement of relevant reductions.
2. Changes in Polish law and foreign carriers
According to the planned modifications, foreign road transport operators who post drivers to Poland as part of the temporary provision of transport services should take into account that their employees will be subject to the control system while staying on the territory of the Republic of Poland. Two forms of inspection are foreseen:
- roadside check carried out by inspectors from the Road Transport Inspectorate,
- verification of the accuracy of posting and employment conditions of drivers sent to Poland, for which inspectors of the National Labour Inspectorate are to be responsible.
Moreover, foreign enterprises in the road transport sector will also be subject to obligations that vary depending on the head office of such carriers. In the case of companies from an EU country other than Poland, it would be necessary to report the driver via the IMI online platform at the latest on the posting start date and to provide him/her with appropriate documents for the purposes of a possible roadside check. These documents can be made available to the worker in paper or electronic form. On the other hand, carriers from outside the EU would be obliged to report the driver to the National Labour Inspectorate and to provide him/her with a confirmation of posting in paper form, so that such an employee would present this document during a roadside inspection.
3. Legal notice
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