Night work - information from Fructus Transport

The work of a professional driver is not limited by rigid time frames. As a driver, you often have to work at night, for example. What labor law provisions are then in force?

Night time

According to the Labor Code, the night time is 8 hours between 9:00 p.m. and 7:00 a.m. Most often in companies it is set between 22:00 - 6:00.

This definition is specified in the Drivers' Working Hours Act, according to which night time - a period of four hours between 00:00 and 07:00.

In a given company, the night time must be set equally for all drivers. According to the law, if a driver works for at least one minute at certain night hours, he is treated as a night worker.

Restrictions when working at night

Polish law imposes several additional restrictions on the driver working at night. In accordance with the Act on drivers' working time

- if the work is performed at night, the driver's working time may not exceed 10 hours on a given day - i.e. within 24 hours from the moment he started working,
- all activities related to e.g. unloading or loading goods are included in the time of night work,
- the obligatory break is also included in the working time.

Working time control

Not only the National Labor Inspectorate is entitled to check the hours of the night, but also the Road Transport Inspection, which can verify compliance with the regulations also when you are on the road, and the Police, Border Guard or the Customs and Fiscal Service - in the case of drivers employed under a contract of employment .

Watch out for penalties

There may be a penalty for exceeding the working time limit at night. Pursuant to the regulations, exceeding the permissible daily 10-hour working time, if the work is performed at night, is associated with a fine of PLN 50 in the case of violations from 1 to 3 hours and PLN 100 for each hour that has started. The fine is imposed on the trader, not the driver.