Since 18th of August 2023 non-EU carriers posting drivers to Poland must declare the posting via the national Polish system and appoint a local contact point authorized to mediate in contacts between the company and the National Labour Authority. This representative needs to stay in Poland during the posting period, help to mediate the control and possess documents validating the company’s compliance with obligations.
WHEN MUST THE CARRIER REPORT THE POSTING OF A DRIVER?
Road carriers from third countries, i.e., outside the European Union, the European Economic Area and Switzerland, whose drivers perform duties in Poland:
– cabotage transport,
– international transport other than bilateral transport (cross-trade transport),
– bilateral transport,
they must report their delegation to the territory of Poland from a third country to the National Labor Inspectorate.
DOCUMENTS INSIDE THE CABIN FOR NON-EU CARRIERS POSTING DRIVERS TO POLAND
As non-EU carriers posting drivers to Poland, you are obliged to ensure that the driver has the following documents during the posting:
- paper confirmation of posting a driver to the territory of the Republic of Poland from a third country in accordance with the template specified in the Regulation of the Minister of Infrastructure of August 7, 2023, on the form for confirming the posting of a driver to the territory of the Republic of Poland from a third country,
- evidence confirming the performed road transport, in the form of waybills, appropriate permit required in international road transport or driving form based on which the transport is performed,
- tachograph records required in accordance with the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR).
OTHER DOCUMENTATION DURING THE POSTING PERIOD AND AFTER
The Act of June 10, 2016, on the posting of employees as part of the provision of services states that during an employee’s delegation to Poland, the employer must keep certain documents, either physically or electronically, within the country. This includes:
- a copy of the employment contract of the employee posted in the territory of the Republic of Poland or any other equivalent document certifying the terms and conditions of employment under the established employment relationship,
- documentation on the working time of the employee posted in the territory of the Re-public of Poland regarding the start and completion of work and the number of hours worked on a given day, or a copy thereof,
- documents specifying the amount of remuneration of the employee posted in the territory of the Republic of Poland.
The employer, upon request by the National Labour Authority, must provide the specified documents and their translations into Polish within 5 working days.
Within a period of 2 years after the completion of work by a driver posted to the territory of the Republic of Poland, at the request of the National Labor Authority, the employer posting the employee to the territory of the Republic of Poland provides the documents no later than within 15 business days from the date of receipt of the application. The application may also include a request for the translation of specific documents into Polish.
NECESSITY OF A CONTACT POINT IN POLAND
An assigned contact point or representative in Poland is mandatory and must be mentioned on the posting declaration. This individual must stay in Poland during the posting period, and their contact information should be provided in the posting declaration of a driver to Poland, submitted to the National Labour Authority.
PENALTIES FOR NON-COMPLIANCE
A driver who fails to present confirmation of delegation during a road inspection is subject to a fine of PLN 500.
Non-EU carriers posting drivers to Poland from a third country in violation of the obligations or conditions specified in the regulations are subject to a fine ranging from PLN 4,000 to PLN 7,000 for each violation.
