Posting of drivers from third countries in road transport on the territory of Poland
13.09.2023
As a result of the entry into force of the Act of 28 July 2023 on the posting of drivers in road transport (Journal of Laws, item 1523), a road transport haulier from a third country posting a driver to the territory of the Republic of Poland from a third country is obliged to notify the posting of a driver to the territory of the Republic of Poland from a third country to the State Labour Inspectorate, each time, no later than at the commencement of such posting, using the electronic form available on the website referred to in Art. 13(1) of the Act of 10 June 2016 on the posting of workers for the purpose of providing services: https://www.biznes.gov.pl/en/firma/doing-business-in-poland/posting-of-workers-to-poland/posting-of-workers-from-third-countries.
A road haulier from a third country posting a driver to the territory of the Republic of Poland from a third country should provide the driver with the relevant documents.
This haulier shall issue each time, before the road transport begins, a confirmation of the driver's posting to the territory of the Republic of Poland from a third country on the form referred to in the Regulation of the Minister of Infrastructure of 7 August 2023 on the form of confirmation of the driver's posting to the territory of the Republic of Poland from a third country.
This form shall be completed on a computer or by typewriter. The confirmation is to be signed by the road haulier and the driver posted to the territory of the Republic of Poland from a third country.
A road haulier from a third country posting a driver to the territory of the Republic of Poland is obliged to ensure that the driver has the following documents at his disposal during the posting:
- a paper confirmation of the driver's posting to the territory of the Republic of Poland from a third country,
- a proof of the road transport operations carried out, in particular in the form of consignment notes, the relevant permit required for international road transport or the driving form on the basis of which the transport is carried out,
- tachograph records required in accordance with the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), drawn up in Geneva on 1 July 1970 (Journal of Laws 2014, item 409), hereinafter referred to as the "AETR Agreement".
What is important, the driver must have these documents in the vehicle and present them during a roadside check when requested by Road Transport Inspectors.
Furthermore, pursuant to Article 30(5) of the Act on Posting of Drivers in Road Transport, the State Labour Inspectorate and the Road Transport Inspection have appointed persons responsible in the above-mentioned inspection services for providing information on national law and practice applicable to the posting of drivers in the territory of the Republic of Poland.
The person appointed in the Road Transport Inspection to provide information on the posting of drivers in road transport in the territory of the Republic of Poland is Mr Mariusz Kurczyński - Inspection Supervision Bureau, the General Inspectorate of Road Transport: Al. Jerozolimskie 94, 00-807 Warsaw, + 48 22 220 48 39, fax: + 48 22 220 48 99,
e-mail address: bni.sekretariat@gitd.gov.pl
The National Labour Inspectorate has published detailed information on posting drivers in road transport to the territory of the Republic of Poland, including how to use the e-service "Report a driver posted from a third country to the territory of Poland" on the website: https://www.pip.gov.pl/en/for-employers/how-to-post-a-driver-to-poland.