Over the years we have received many queries from foreign companies posting workers to Finland for shorter projects. Thus, we have gathered the relevant key information regarding the topic and have posted a brief overview of the key information below.
The Posting Company (the Employer of the Posted Worker) Obligations
- report the posting of workers before the work begins (into force during 2017)
- have knowledge of which country´s legislation will be applied on the employment contract and, despite this legislation, comply with the minimum employment conditions on posted workers in the Finnish legislation
- select a representative for the company in Finland who is available during the duration of the posting
- ensure the right to work of posted workers in Finland
- keep available in writing during the posting
- identifying information of the posting company and contact information on the responsible persons in the country where the company is established
- identifying information on the posted workers
- a statement of the employment conditions applicable on the employment contract of the posted workers
- a statement on the grounds for the posted workers´ right to work
- working hours register, payment calculations and a receipt issued by a finance institute on paid wages
- comply with the provisions on minimum wages
- comply with the provisions on working hours, annual holidays and family leaves
- comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety
- keep a working hours’ register, a driver´s logbook and draw up working schedules and when average working hours are applied, a working hours adjustment system
- keep record of the annual holidays
- arrange statutory occupational health service in Finland
- take out accident insurance for the duration of the posting
- provide the contractor with a statement on the determination of the social security for subcontracted and hired workers who are posted in Finland when the work already has begun
- ensure the occupational safety of the employees
- with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working
- ensure that the workers on the construction site carry photo ID:s showing the tax number of the public tax number register
- comply with the taxation legislation arriving in Finland from overseas.
The Contractor (the Company Using Posted Workers in Finland) Obligations
- ensure that the posting company reports the posting (entering into force in the fall of 2017) and selects a representative in Finland
- on the request of the OSH authorities, assist in reaching the representative
- ensure that the working conditions of the workers conform with the occupational safety provisions
- deliver to the sending company needed information about the employer´s obligations concerning temporary agency work.
Source: https://www.tyosuojelu.fi/web/en/employment-relationship/posted-worker
Legislation Behind the Obligations
Act on Posted Workers (447/2016)
Employment Contracts Act (55/2001)
Occupational Health Care Act (1383/2001)
Occupational Safety and Health Act (738/2002)
Occupational Accidents, Injuries and Diseases Act (459/2015) – in Finnish
Act on the Contractor´s Obligations and Liability when Work is Contracted Out (1233/2006)
Need Help?
When you need help with clarifying your obligations or have any questions regarding the process, please contact our specialist via e-mail or call +358 503 220 600.