Incorrect tachograph data, failure to calculate domestic travel allowances, incorrectly defined working time systems, or omission of night and overtime bonuses are just some of the common errors in calculating drivers’ working time that may result in penalties following inspections by the National Labor Inspectorate (PIP) or the Road Transport Inspection (GITD).
From this article, you will learn:
- What are the most common errors made when calculating drivers’ working time;
- What to do to avoid errors in calculating drivers’ compensation?
Most Common Errors in Calculating Drivers’ Working Time
Calculating drivers’ working time is a key process in the operation of transport companies. It requires specialized knowledge of drivers’ working time, meticulous analysis of data contained in tachographs and on driver cards, as well as proper operation of these devices by drivers during their work.
Negligence in this aspect can result in consequences such as financial penalties, loss of good reputation, or even loss of licenses by transport companies, and there is no shortage of errors regarding deficiencies in the process of calculating drivers’ working time. However, among them, we can distinguish those that appear more frequently than others, which are:
1. Working Time Record-Keeping - DDD Data and Activity from Vehicles Not Belonging to the Company Being Settled
One of the serious and still common errors in calculating drivers’ working time is including activities recorded in DDD files from vehicles belonging to another company.
In the case of a driver employed simultaneously by two companies, all activities are registered on one driver card, regardless of which vehicle and for which employer they were performed.
This means that DDD files downloaded in company A may also contain data from journeys made in company B. Proper settlement therefore requires separating these activities and including in the working time records only those that relate to employment in a given company.
The lack of such separation can lead to overestimation of working hours, incorrect calculation of overtime or bonuses, and consequently – to employee claims and problems during PIP or ITD inspections.
How to avoid the error?
Implement a procedure for verifying the origin of DDD files and filtering them in settlement systems. In the case of drivers working for several companies, collect statements about parallel employment and use tools that allow for the separation of data according to vehicle numbers. Regular checking of the consistency of records with the actual work schedule allows for eliminating this error before the final settlement.
2. Proper Working Time Calculation vs. Failure to Calculate Domestic Travel Allowances in Transport Within Poland When Due to the Driver
Failure to pay due per diems for business trips in Poland is another common error in calculating drivers’ working time, which can result in serious financial consequences for the employer.
It happens that transport companies incorrectly assume that domestic travel allowances are not due to a driver performing transport exclusively within the country, especially when they return to base or place of residence daily.
Meanwhile, according to regulations, each performance of tasks outside the locality specified in the employment contract as a permanent workplace may constitute a business trip and requires the calculation of a domestic per diem. Omitting these dues in settlements not only exposes the company to employee claims and interest but also to sanctions in the event of a PIP inspection.
That is why it is so important to correctly determine when a driver meets the conditions for a business trip in domestic transport, and to reliably document working time and settle travel allowances.
How to avoid the error?
The employer should establish clear criteria for qualifying a trip as a business trip and train those responsible for settlements in this regard. It is helpful to maintain detailed domestic travel allowance cards and verify them on an ongoing basis for compliance with routes recorded in the tachograph. Implementing a system of automatic calculation of per diems in the settlement program minimizes the risk of omitting dues.
3. Incorrect Determination of the Type of Driver’s Working System When Settling
Incorrect assignment of a driver to a working time system is another serious error in calculating drivers’ working time, which can lead to underestimation or overestimation of due benefits and violation of labor law provisions.
In practice, it happens that companies use an equivalent, interrupted, or basic system without actually analyzing the specifics of the work performed and provisions in the employment contract. The result of such action may be incorrectly calculated overtime, lack of compensation for night work, or incorrect settlement of rest periods.
This error is particularly risky during PIP inspections, as an inappropriate work system affects the entire way of recording a driver’s hours and may be considered a violation of employee rights. Therefore, before starting settlements, it is necessary to precisely determine which working time system corresponds to the actual mode of performing the driver’s duties and confirm it in the personnel documentation.
How to avoid the error?
Before starting settlements, establish a working time system based on the actual schedule of tasks and legal regulations. All arrangements should be included in the personnel documentation and updated when the work mode changes. Regular internal audits help to detect discrepancies between practice and records in documents.
4. Failure to Remove Incorrectly Set Selector by the Driver Before Performing Calculations
Costly errors in calculating drivers’ working time also include not considering or incorrectly correcting situations where the driver mistakenly set the wrong work mode on the tachograph selector. This may involve, for example, leaving the “rest” mode during loading or “work” during actual rest.
Lack of verification and correction of such records before calculating working time causes falsification of records – as a result, the settlement may show excessive working hours, underestimated rest periods, or incorrect calculation of bonuses.
During ITD or PIP inspections, such discrepancies are often interpreted as a violation of the provisions on drivers’ working time, and to avoid this problem, it is necessary to check DDD files each time for the correctness of selector settings and manually correct them in the settlement program before performing final calculations.
How to avoid the error?
Each DDD file should be verified for consistency with the actual route and driver activities. If irregularities are detected, correct the records in the settlement program before calculating wages. It is also worth conducting working time training for drivers and a course on the proper use of the tachograph selector.
5. Failure to Calculate EU Sectoral Pay or Not Reducing It by Polish Remuneration
In international transport, an increasingly common problem is the failure to correctly calculate EU sectoral pay or not taking into account the obligation to reduce it by the part of remuneration paid in Poland. This error in calculating drivers’ working time most often results from a lack of knowledge of the regulations of individual member states and the rules resulting from the Mobility Package.
If a driver performs transport subject to local minimum rates in a given country, the employer is obliged to add an appropriate amount to their remuneration, and then deduct the already paid Polish part to avoid double calculation. The lack of this correction can lead both to underpayment, resulting in employee claims and interest, and to overpayment generating unnecessary costs.
Moreover, in the case of inspections by foreign inspection services, incorrect settlement of sectoral pay may end with high fines, and in extreme cases – with the suspension of activities in a given market. Therefore, it is crucial to apply current EU national rates and conduct settlements in a way that takes into account both EU regulations on working time and national ones.
You can read more about sectoral pay using the example of Germany in our article: Sectoral pay and hourly wage for drivers in Germany
How to avoid the error?
When settling sectoral pay, use current rates applicable in individual countries and apply the rules of reduction by the Polish part. It is best to implement software with an EU rate database and update it regularly. Documentation should precisely demonstrate the calculation method to prove the correctness of settlements in case of inspection.
6. Discrepancies in Settlements in Relation to Remuneration Regulations and Work Regulations
Among the common errors in calculating drivers’ working time, we can also point to the lack of consistency between the provisions of the remuneration regulations, work regulations, and the actual method of calculating wages.
The problem appears, among others, when personnel documents specify a different working time system or a different settlement period than that actually used during settlements. For example, the regulations provide for an equivalent system with a three-month settlement period, and in practice, calculations are made in the basic system with a monthly settlement period.
Such discrepancies can lead to incorrect determination of overtime, night bonuses, or settlement of on-call duties, and consequently – to employee claims and sanctions during PIP inspections.
It is therefore crucial that the settlement methods used in practice are fully consistent with the regulations in force in the company, and that any changes to the work system or settlement period are formally introduced and documented.
How to avoid the error?
It is worth conducting periodic comparisons of the rules applied in practice with the applicable regulations. If inconsistencies are detected, changes should be made immediately to documents or procedures. The update of regulations should accompany each significant modification of work organization.
7. Failure to Calculate Additional Components to the Driver’s Remuneration: Night Time, On-Call Duty, Overtime Hours
Omission of bonuses for night work, performing on-call duties, or working overtime in settlements is another common error in calculating drivers’ working time.
It often results from limiting the analysis of working time only to data from the tachograph, without fully comparing them with the working time records and the provisions of regulations and the employer’s statutory obligations.
As a result, drivers do not receive the benefits due to them, which may result in claims covering even several years back, along with interest.
Not calculating these components is also a serious violation of labor law provisions, which during PIP inspections may result in fines and the need to immediately make up for arrears.
In order to avoid such situations, settlements should include a comprehensive analysis of the driver’s activities – including night hours, on-call time, and overtime – based on actual data and applicable regulations.
At this point, we encourage you to read our Drivers' Working Hours: A Comprehensive Guide to Regulations and Practices
How to avoid the error?
Settlements must take into account the full working time records, combining data from tachographs with the provisions of regulations and labor law requirements. It is best to use systems that automatically detect exceedances of working time standards and calculate appropriate bonuses. Regular reviews of settlements will help avoid the accumulation of arrears.
Tips and Good Practices - How to Avoid Errors in Calculating Drivers’ Working Time?
How to avoid errors in the settlement of drivers' working time?
Minimizing the risk of mistakes in drivers’ working time settlements requires a combination of knowledge of regulations, reliable data analysis, and the use of appropriate tools. Key actions include:
- Full verification of data from tachographs – taking into account DDD files from all vehicles in which the driver worked, regardless of who they belong to.
- Consistency with internal documentation – the working time system, settlement period, and rules for calculating bonuses must comply with the work and remuneration regulations.
- Updating knowledge of regulations – regularly tracking changes in national law, EU regulations, and sectoral pay rates.
- Correction of tachograph selector errors – checking and correcting incorrectly registered activities each time before performing calculations.
- Taking into account all components of remuneration – including bonuses for night time, overtime, and on-call duties.
Due to the complexity of regulations and the high risk of costly consequences, many carriers decide to entrust the calculation of drivers’ working time to specialized companies or industry experts.
Such a solution guarantees compliance with current regulations, reliable calculations, and minimization of the risk of penalties during inspections by PIP, ITD, or foreign inspection services, and an example of such a company is Evotax. So if you need support in calculating drivers’ working time, we will gladly provide it! Contact us, indicate what the challenge is, and our team will take care of the rest!
Errors in Calculating Drivers’ Working Time – Summary
Proper calculation of drivers’ working time requires not only knowledge of national and EU regulations but also a meticulous approach to analyzing data from tachographs and internal documentation.
The most common errors – such as incorrect inclusion of activities from other companies’ vehicles, failure to calculate domestic travel allowances, improper determination of the work system, or not taking into account bonuses – can lead to employee claims, fines, and loss of carrier reputation.
To prevent them, it is necessary to implement consistent procedures, update knowledge on an ongoing basis, and verify data accurately. In many cases, the best solution is to entrust this task to specialized experts, which allows for ensuring compliance of settlements with regulations and the safety of the transport company’s operations.
Errors in Calculating Drivers’ Working Time – Frequently Asked Questions
Below, we have collected the most frequently asked questions about errors in calculating drivers’ compensation that we receive. We have also provided answers to them. If your question is not among them, contact us, and our specialists will be happy to provide answers!
Is waiting time for loading or unloading included in working time?
Yes — waiting time (so-called availability) is not included in the driving limit (not to be confused with the working time limit), but it is an element of the driver’s total working time.