Driver Posting Rules in Poland: Mobility Package for Hauliers

Driver posting is a situation in which a road transport undertaking established in one EU Member State temporarily assigns a driver to perform transport operations in another Member State. For hauliers operating in Poland, the Mobility Package determines when a driver is considered posted, which Polish employment conditions apply, and what documents must be available during an inspection.

The rules are particularly relevant for international transport, cabotage and certain combined transport operations. Non-compliance may result in administrative fines, operational disruption, payment claims and reputational risk. Lawyersinpoland.com by Kopeć & Zaborowski advises businesses on the Polish legal and compliance aspects of cross-border operations.

When does the posting of drivers in Poland apply?

The rules on posting drivers in Poland arise primarily from Directive (EU) 2020/1057, which introduced sector-specific rules for road transport. In goods transport, a driver is generally posted when performing:

• cabotage operations in Poland;
• international transport operations involving Poland that are neither bilateral transport operations nor transit operations (commonly referred to as cross-trade operations);
• certain road legs of combined transport operations carried out in Poland which do not qualify as bilateral transport operations.

Where posting applies, the carrier must comply with Polish rules on remuneration and other mandatory employment terms that apply to posted workers. The relevant conditions are determined under Article 3 of Directive 96/71/EC, as amended by Directive (EU) 2018/957, together with Polish implementing legislation [1][2][3].

In practice, this means that a carrier cannot rely solely on the employment standards of its home country. The company must assess the type of operation performed, the driver’s route, loading and unloading points, remuneration structure, and records from the tachograph.

Driver posting exceptions under the Mobility Package

Directive (EU) 2020/1057 provides important situations in which a driver is not considered posted. These exceptions must be assessed carefully, because an incorrectly classified operation may expose the carrier to penalties during road transport posting inspections in Poland.

1. Bilateral transport operations

A driver is not posted when carrying out a bilateral transport operation. In goods transport, this generally means transporting goods from the Member State where the carrier is established to Poland or another country, or returning from Poland or another country to the carrier’s Member State of establishment.

2. Limited additional loading and unloading during bilateral transport

A driver may remain outside the posting regime when carrying out a bilateral operation with limited additional loading or unloading activities in countries crossed during the journey. The number and sequence of permitted activities are regulated by Article 1(3)(b) of Directive (EU) 2020/1057.

In particular, a driver performing a bilateral operation may carry out one additional loading and/or unloading activity during the outward journey. During the return journey, the driver may carry out up to two additional loading and/or unloading activities, provided that no such activity was carried out during the outward journey. The exemption is subject to specific conditions, including the use of a smart tachograph recording border crossings [1].

3. Transit through Poland without loading or unloading

A driver is not posted when merely transiting through Poland without loading or unloading goods, and without picking up or setting down passengers. Loading or unloading in Poland means that the transit exclusion no longer applies; the operation must then be assessed under the rules on bilateral transport, cross-trade or cabotage.

IMI posting declaration requirements in Poland

At the latest at the start of a posting operation, the carrier must submit a posting declaration through the Internal Market Information System, commonly known as IMI. Under Article 1(11) of Directive (EU) 2020/1057, the declaration must contain information including:

• the identity of the carrier, including its Community licence number where applicable;
• the Member State of establishment;
• the transport manager’s or another contact person’s contact details;
• the driver’s identity, address, driving licence number, employment contract start date and the law applicable to the employment contract;
• the expected start and end dates of the posting;
• the vehicle registration numbers.

During an inspection in Poland, the driver must be able to provide, in paper or electronic form, a copy of the IMI declaration, evidence of transport operations, and tachograph records. Authorities may also request employment contract information, payslips, timesheets and proof of remuneration through IMI after the road check. The carrier generally has eight weeks from the request to provide these documents through the system [1].

Minimum wage for posted drivers in Poland

The phrase “minimum wage for posted drivers” can be misleading. A posted driver is not automatically entitled only to the statutory Polish minimum wage. The applicable remuneration must be assessed in light of Polish mandatory employment rules, the driver’s work schedule, contractual pay components and the specific transport operation.

Allowances specific to the posting are generally treated as part of remuneration unless they are paid as reimbursement of expenses actually incurred because of the posting, such as travel, accommodation or meal expenses. This distinction is significant because incorrectly including expense reimbursements in the driver’s wage calculation may create arrears and inspection risk.

Carriers should retain clear payroll evidence showing base salary, overtime, supplements, allowances and the legal basis for each payment. A fragmented or poorly documented remuneration model can complicate an inspection even where the total amount paid appears commercially adequate.

Cabotage rules in Poland and return obligations

Cabotage rules in Poland are governed by Regulation (EC) No 1072/2009. After an incoming international carriage and unloading of the goods carried, a carrier may perform up to three cabotage operations within seven days. Following completion of cabotage operations, the vehicle is subject to a four-day cooling-off period before further cabotage operations with the same vehicle may be undertaken in the same Member State [4].

The Mobility Package also introduced driver return rules. Under Regulation (EC) No 561/2006, an undertaking must organise work so that the driver can return to the Member State of residence or to the employer’s operational centre in the Member State of establishment at least every four consecutive weeks [5].

The former requirement for a vehicle to return to an operational centre in its Member State of establishment at least every eight weeks was annulled by the Court of Justice of the European Union. Its effects were maintained only until 4 October 2025; therefore, this vehicle-return obligation no longer applies [6].

Practical compliance steps for hauliers operating in Poland

1. Classify each operation before dispatch as bilateral, transit, cross-trade, cabotage or combined transport.
2. Submit the IMI posting declaration at the latest when a posting operation begins.
3. Verify whether the driver’s remuneration meets Polish mandatory requirements.
4. Maintain tachograph, CMR and payroll records in a consistent and accessible format.
5. Monitor cabotage limits, cooling-off periods and driver-return arrangements.
6. Train dispatchers and fleet managers to identify operations that trigger posting obligations.

This is informational material, not legal advice. The applicable requirements depend on the route, transport contract, loading activities, employment structure and evidence available during an inspection.

For a case-specific review of Mobility Package obligations and Polish transport compliance risks, contact us.

FAQ – Driver Posting Rules in Poland

Does every foreign driver entering Poland become a posted driver?

No. Transit and qualifying bilateral transport operations are generally excluded. Posting usually applies to cabotage, non-bilateral international transport operations and certain combined transport activities in Poland.

Is an IMI declaration required for cabotage in Poland?

Yes. Cabotage operations are subject to the driver posting regime, and the carrier must submit an IMI posting declaration at the latest when the posting begins.

How many cabotage operations may be performed in Poland?

A carrier may perform up to three cabotage operations within seven days after the unloading of goods carried in the incoming international carriage, subject to the four-day cooling-off rule.

Does the Polish minimum wage automatically apply to every posted driver?

No. The assessment concerns the applicable Polish remuneration requirements for the specific posting. The calculation must distinguish remuneration from reimbursement of expenses actually incurred because of the posting.

What documents may Polish inspectors request?

Inspectors may verify the IMI declaration, transport documents and tachograph records during a road check. The carrier may subsequently be required to provide documents relating to the driver’s employment, working time and remuneration through IMI.

How often must a driver return home under the Mobility Package?

The transport undertaking must organise work so that the driver can return to the country of residence or to the employer’s operational centre in the Member State of establishment at least every four consecutive weeks.

Bibliography

[1] Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012.

[2] Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as amended by Directive (EU) 2018/957.

[3] Polish Act of 10 June 2016 on the posting of workers in the framework of the provision of services, consolidated text: Journal of Laws of 2024, item 73.

[4] Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.

[5] Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport.

[6] Judgment of the Court of Justice of the European Union of 4 October 2024, Lithuania and Others v Parliament and Council, Joined Cases C-541/20 to C-555/20, EU:C:2024:818.