Before the work begins in Finland the posting company must notify the OSH authorities about the posting of workers. The reporting duty enters into force September 1st 2017.
More detailed information has been gathered in the workplace newsletter 3/2017: Notification of the posting of a worker must be submitted to the OSH Authority starting 1 September 2017 (pdf).
The notification may be given immediately when the contract on posting workers has been concluded, but latest before the work agreed upon in the contract starts. In the construction sector there are no exception from this duty.
Reporting is not needed when workers are transferred within the company for a maximum of 5 days, except when the company operates in the construction sector. When determining the duration the posting period and all previous posting periods (working time) for the last four months during which workers of the same posting company have been working in Finland will be taken into account.
Every day when one or several posted workers carries out work i n Finland is considered posting. The months are calendar months. All those periods will be taken into account during which one or more workers who has been transferred inside the same company has been carrying out work in Finland with one or more contractors.
Should there be substantial changes in the information, the prerequisite for continuing the work is that the posting company immediately makes a complementary report as the changes take place. Substantial changes refer to a change of representative, work place, number of workers or contract partner.
The builder and main contractor must also receive a notification of a construction work as well as possible complementations.
Content of the notification
The notification must contain:
- Identifying details of the company, contact information, foreign tax identification number and information on the responsible persons of the posting company in the country where the company is established.
- Identifying details and contact information of the contractor
- Identifying details and contact information of the builder and the main contractor for companies in the construction sector
- Estimated number of posted workers
- Identifying details and contact information of the postings company´s representative i Finland or information indicating why a representative must not be selected.
- Starting date of the posting of workers and the estimated duration of the posting
- Place weher the work will be carried out
- Branch in which the worker will work.
Should the posting company not fulfil its reporting duty, it will be obligated to pay a penalty fee for negligence.