Compensation for a driver’s reduced weekly rest period

What is compensation for a reduced weekly rest period?

Compensation for a reduced weekly rest period is the mandatory restoration of missing rest hours when a driver has taken a shortened weekly rest period.

The law and weekly rest for drivers

Regulations governing drivers’ working hours and rest periods state that after working for six consecutive 24-hour periods, a driver must take a weekly rest. If this rest is not fully taken, the driver must compensate for the missing hours.

How long is a regular weekly rest period?

According to regulations, a weekly rest period must last at least 45 hours to be classified as a regular weekly rest.

How long is a reduced weekly rest period?

Any weekly rest period lasting at least 24 hours but less than 45 hours is considered a reduced weekly rest period. In this case, every missing hour between the 45-hour requirement and the actual length of the weekly rest must be compensated.

How should drivers take compensation for reduced weekly rest?

The compensation for a reduced weekly rest must be added to another rest period lasting at least 9 hours. This rule is set out in Regulation 561/2006.

It is important to highlight that the compensation can be added to a daily rest period or a weekly rest period.

When must the compensation for reduced weekly rest be taken?

A driver has 3 weeks to take compensation for a reduced weekly rest period. This period starts at the end of the week in which the driver took the shortened weekly rest.

This rule comes from Regulation 561/2006, which also states that compensation must be taken in full. It cannot be divided into smaller parts.

Penalties for failing to take compensation for reduced weekly rest

Failing to comply with rest period regulations exposes both the driver and the transport company to financial penalties, which are as follows:

• 50 PLN – per day and per week if the reduction in rest is less than 1 hour
• 100 PLN – per day and per week for each additional reduced hour of rest

Example of compensation for a reduced weekly rest period

To better illustrate the above information, let's consider an example:

A professional driver, after six consecutive 24-hour work periods, takes a reduced weekly rest of 35 hours. This means that 10 hours are missing to qualify as a regular weekly rest.

According to the regulations, the driver must compensate for the missing 10 hours within the next three weeks. The compensation must be taken in full.

Example compensation methods:

• After a reduced rest, the driver takes a daily rest of 19 hours (instead of the minimum of 9 hours), adding 10 hours of compensation to it.
• The driver receives a weekly rest period of 55 hours – that is 10 hours longer than the required minimum of 45 hours, thus fully compensating for the earlier reduction in rest.

By following these methods, the driver complies with Regulation 561/2006, avoids financial penalties, and ensures proper rest and safety.

Compensation for reduced weekly rest – Summary

Compensation for a reduced weekly rest period is mandatory for every driver who did not take a full 45-hour rest. A reduced rest period, lasting between 24 and 45 hours, must be fully compensated within the next three weeks by adding the missing hours to another rest period lasting at least 9 hours.

Failure to comply with these rules may result in financial penalties for both the driver and the transport company. Therefore, proper planning and time management are crucial for ensuring compliance with regulations, maintaining road safety, and avoiding financial losses.

If you need expert support in calculating drivers’ working hours, we are happy to help! Contact us, explain your challenge, and our specialists will take care of the rest!