Equivalent working time allows extending the daily working time up to 12 hours, provided that an average of 40 hours per week is maintained during the settlement period. Longer days are compensated by shorter working hours or days off. It is also necessary to ensure 11 hours of daily rest and a limit of 48 hours on average per week.
Key takeaways
Are you looking for information about the equivalent working time for drivers? You’ve come to the right place! In this article, you will learn:
- What equivalent working time for drivers is;
- How to implement the equivalent working time system for drivers;
- What limits and rules apply in the equivalent working time system for drivers;
- How overtime is settled in the equivalent working time system for drivers.
Table of contents
- What is equivalent working time for a driver?
- How to introduce the equivalent working time system for drivers?
- What are the rules for driver work in the equivalent working time system?
- How to settle overtime in the equivalent working time system for drivers?
- Equivalent working time system for drivers – Summary
- Working in the equivalent system – Frequently Asked Questions
What is equivalent working time for a driver?
Equivalent drivers' working time is a special system of organizing working time that allows extending the daily working time up to a maximum of 12 hours. This solution applies to drivers performing road transport – any journey carried out on public roads, with or without cargo, intended for the transport of people or goods.
What characterizes the equivalent working time system?
The essence of the equivalent working time system is the balancing mechanism – extended daily working hours on some days are compensated by shorter working hours on other days or days off. Thanks to this, working in the equivalent system allows performing duties even for 12 hours a day on consecutive days, while maintaining the mandatory daily rest of at least 11 hours.
Equivalent working time system – permissible settlement periods
The settlement period in the equivalent system is generally 1 month. In justified cases, it can be extended to 3 months, and for work dependent on seasonality or weather conditions – up to 4 months. The length of the period affects the planning and settlement of the employee’s working time.
Equivalent working time system vs. basic working time system
The equivalent working time system differs from the basic system, where the daily working time is 8 hours and the average working time norm is 40 hours in a five-day workweek. In the same settlement period, a driver covered by the equivalent system should work the same number of hours as an employee employed under the basic system – only the organization of working time changes.
The weekly working time of a driver, including overtime, cannot exceed an average of 48 hours in a settlement period not longer than 4 months. It is permissible to extend the weekly working time to 60 hours, provided the average weekly working time does not exceed 48 hours in the adopted settlement period.
How to introduce the equivalent working time system for drivers?
Introducing the equivalent working time system in road transport requires compliance with the Labor Code provisions and proper organization and settlement of drivers’ working time. The employer must regulate the rules of working time planning, specify the daily working time, and ensure correct settlement of working time, including recording working hours and possible overtime in the adopted settlement period.
Entry in work regulations or collective agreement
Applying the equivalent system requires introducing it in a collective agreement, work regulations, or announcement – in accordance with Article 150 § 1 of the Labor Code. The obligation to create work regulations applies to employers employing more than 50 employees. Smaller entities specify the system and working time schedule in an announcement or information provided when concluding the employment contract.
Internal regulations should specify: who is covered by the equivalent system, the maximum daily working time, rules for extending working time, the method of balancing excess hours, and the adopted settlement period. Every employer – regardless of the number of employees – must define working time systems and schedules as well as the rules for organizing working time.
Determining the settlement period
The equivalent working time system requires setting a settlement period, which usually is 1 month. In justified cases, it can be extended to 3 months, and for work dependent on seasonality or weather conditions – up to 4 months. The length of the period directly affects working time settlement, average working time norm, and determining the number of working hours in the cycle.
Setting the work schedule
The employee’s work schedule in the equivalent system should cover at least 1 month and be provided at least 7 days before the start of the period it concerns. In passenger transport, the working time schedule is created for at least 2 weeks, while in mixed systems or regular transport up to 50 km – for at least 1 month. Proper working time planning reduces the risk of violations concerning daily and weekly rest and exceeding the maximum allowable working time.
What are the rules for driver work in the equivalent working time system?
Driver work in the equivalent system must comply with the Labor Code and the Act on drivers’ working time. Applying the equivalent system means flexible working time planning while maintaining the average working time norm and proper settlement of working time in the adopted settlement period.
Maximum daily working time
In the equivalent system, the daily working time can be extended up to 12 hours. This organization allows working 12 hours even on consecutive days, provided the mandatory daily rest is ensured.
During the settlement period, the average weekly working time norm cannot exceed 40 hours. The weekly working time may be up to 60 hours, but the average weekly working time must not exceed 48 hours in a settlement period not longer than 4 months. Exceeding these limits constitutes overtime that requires proper settlement.
Mandatory daily and weekly rest
Every driver is entitled to at least 11 hours of uninterrupted daily rest in each working day. Weekly rest should be at least 35 hours of uninterrupted rest.
The work schedule must take these limits into account to avoid violations of daily and weekly rest regulations and exceeding the maximum allowable working time.
Night work
If the driver’s work includes night hours (4 hours between 00:00 and 07:00), the working time cannot exceed 10 hours between two consecutive rest periods. Even short activity during this time triggers the 10-hour work limit in that day.
This is important when planning work schedules and managing working time in international transport.
See also: How to settle night working time of a professional driver?
Restrictions for certain employee groups
Daily working time cannot exceed 8 hours for employees working in conditions exceeding the highest permissible concentrations of harmful factors, pregnant employees, and employees caring for a child up to 4 years old (without their consent to extend working time).
In such cases, reducing working hours does not reduce remuneration. The employer, planning work in the equivalent system, must consider these restrictions in the employee’s work schedule and working time documentation.
How to settle overtime in the equivalent working time system for drivers?
Settling working time in the equivalent system requires distinguishing between daily and average weekly overtime.
Daily overtime in the equivalent system
Daily overtime occurs after exceeding 8 hours or the established extended daily working time (e.g., 12 hours in the equivalent system). If the driver works more than the scheduled working time, the excess counts as overtime.
Average weekly overtime in the equivalent system
Average weekly overtime results from exceeding the average 40-hour working time norm in the adopted settlement period and is determined only after its end, unless it has been previously settled as daily overtime.
Overtime pay rates in the equivalent system for drivers
The amount of overtime pay depends on the type of excess and working hours. For daily overtime, a 50% bonus applies; 100% applies when work occurs at night, on Sundays, or holidays that are days off according to the work schedule. The bonus for average weekly overtime is always 100%.
The employer may settle daily overtime with time off – generally at a rate of 1.5 hours off for each hour of overtime worked. At the employee’s request, time off may correspond to the number of overtime hours (1:1). This does not apply to average weekly overtime, which is settled only after the settlement period ends.
In transport practice, proper working time planning, control of working hours, and ongoing monitoring of worked time reduce the risk of costly errors in settlements and labor law disputes.
Equivalent working time system for drivers – Summary
The equivalent working time system allows flexible management of working time in transport but requires strict settlement of working hours and overtime. Daily working time can be 12 hours, weekly up to 60 hours (average 48 hours in the settlement period). Key elements include a correct work schedule, maintaining daily and weekly rest, and proper settlement of daily and average weekly overtime.
If you run a transport company and need help settling drivers’ working time, both for vehicles under 3.5 tons and over 3.5 tons, our specialists are ready to assist! Contact us, and the Evotax team will take care of the rest!
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Working in the equivalent system – Frequently Asked Questions
Below, we have compiled the most frequently asked questions regarding the application of the equivalent working time system for professional drivers. We have also provided answers to them. If you do not find the question that concerns you, contact us, and our specialists will be happy to assist!
Can a driver work 12 hours a day for several consecutive days?
Yes, in the equivalent working time system, a driver can work 12 hours a day on consecutive days. Such extension of daily working time does not violate regulations because the driver still has at least 11 hours of uninterrupted rest each day.
What is the maximum settlement period for drivers?
Does night work affect the maximum working time of a driver?
How is overtime settled in the equivalent working time system?
Does every employer have to introduce work regulations for drivers?
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