Reporting the posting of a third-country driver to the territory of Poland using a qualified electronic signature
The introduction of regulations regarding the reporting of the posting of drivers from third countries to the territory of Poland aims to regulate the activities of carriers from outside the European Union, the European Economic Area, and Switzerland within the territory of Poland. For these entrepreneurs, there is an obligation to report drivers who will be providing transport services within our country. It is worth noting that the qualified electronic signature plays a crucial role in this process.
Who must report the driver’s posting?
The regulations concerning the reporting of the posting of a driver from a third country apply to carriers who provide the following services within the territory of Poland:
- Cabotage transport – the transport of goods or persons within Poland, excluding international services.
- International transport other than bilateral transport – transport services between Poland and another country, not considered bilateral transport (cross-trade).
- Bilateral transport of goods or bilateral transport of persons – the transport of goods or passengers between Poland and a third country.
Carriers meeting these criteria must report the posting of drivers to the State Labor Inspectorate (PIP). It is important to note that if the driver has already been reported in the Internal Market Information System (IMI), there is no need to repeat the reporting to PIP. Transit journeys through the territory of Poland are also exempt from reporting requirements.
Every driver reported to PIP must carry a confirmation of posting and present it during any potential inspections. Additionally, they must have evidence confirming the road transport being conducted and tachograph records with them.
How to report the posting of a driver from a third country?
The process of reporting the posting of a driver to the territory of Poland can only be completed electronically. A qualified electronic signature enables this procedure to be carried out quickly and efficiently.
- Establishing an Entrepreneur Account
The carrier must establish an Entrepreneur Account on the business.gov.pl website. Preparing the notification on an interactive PDF form and submitting it online through the Biznes.gov.pl portal.
- Purchase of a qualified signature
Next, it is necessary to purchase a qualified electronic signature that will be used to authorize documents.
- Filling in the form
After logging into the Entrepreneur’s Account, you should fill out the form for reporting the posting of a driver from a third country in the “Report the posting of a driver from a third country to the territory of Poland” service.
- Signing the form
The form must be signed with a qualified e-signature and sent to the State Labor Inspectorate through the Biznes.gov.pl portal.
Reporting the posting of a driver to the territory of Poland must be done no later than the moment the posting begins. It is important to remember that the absence of confirmation of posting during an inspection can result in a financial penalty.
The significance of the Certum qualified electronic signature in the process of reporting the posting of a driver
An essential component of the driver posting reporting process is the qualified e-signature. It provides a secure and effective means of document authorization and enables their electronic transmission. Why is this so crucial?
Security – a qualified electronic signature secures documents. It helps avoid forgery and unauthorized access to important information.
Speed and convenience – the process of reporting the posting of a driver is done exclusively electronically. The e-Signature allows you to quickly fill out and send the necessary documents online.
Legality – an electronic qualified signature is legally equivalent to a handwritten signature. This means that documents signed in this way are fully legal and binding.
You can buy a qualified electronic signature from the certum e-Store
Consequences of violations
Compliance with the rules on posting drivers is crucial, as violations carry serious consequences. The penalties for violating these regulations are:
- Penalty for the driver
A driver who fails to present confirmation of posting during an inspection is subject to a fine of PLN 500.
- Penalty for a road carrier
A third-country carrier that posts a driver in violation of the obligations or conditions of posting shall be subject to a penalty of PLN 4,000 to PLN 7,000 for each violation.
List of countries obliged to post a driver from a third country
For more information, visit government websites: Report the posting of a driver from a third country on the territory of Poland