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Members of Parliament support motions for law amendments At its session held at Parliament on 9 June 2010, the Committee for State Supervision adopted its opinion for the Minister of Infrastructure on the proposed amendments of provisions on working time of drivers in order to eliminate doubts which arise during interpretation of existing regulations. Thus, the Committee supported earlier proposals of the National Labour Inspectorate about necessary legislative changes. The session was chaired by MP Janusz Krasoń. Members of Parliament stressed that provisions included in the Act on working time of drivers are too complicated and unclear, and they are difficult to interpret even by inspectors who monitor compliance with them. Persons who organise road transport have even more trouble applying the Act. For example: the provisions of “Regulation (EC) No 561/2006 of the European Parliament and the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport” give more flexibility in organising driver’s work than it is possible under Polish legislation. The Regulation allows to extend the daily driving time up to 10 hours, but not more frequently than two times a week. By contrast, the Polish Act stipulates that the daily working time of drivers (driving a vehicle and other tasks) can be extended to 10 hours only for those who work in equivalent system of working time. Thus, the possibility to extend daily working time does not refer to the basic working time and task-dependent working time. The Committee members pointed out that elimination of the duty to observe the so-called “employee’s day” would solve many problems with interpreting the law, which is inconsistent with the Regulation (EC) 561/2006 and with statutory provisions stipulating that drivers can independently determine their working time schedules in a task-based system of work. Compliance with the present Act can generate “false” overtime hours. The Committee for State Supervision is of the opinion that there is a need to amend provisions on driving time, stopover time, obligatory breaks and driver’s rest periods. Members of Parliament asked the Minister of Infrastructure to send a reply to the presented opinion. The session was attended by Chief Labour Inspector Tadeusz Jan Zając and his Deputies: dr Marian Liwo and Anna Tomczyk, and other NLI’s officials. |
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