Implementation of the EU Mobility Package for road transport brought changes to the regulations of posted workers on 1 February 2022

The national implementation of the social and market provisions of the mobility package introduced amendments to the Act on Transport Services and certain other related acts. As a result of the changes, road transport drivers posted to Finland will be in the same position as posted workers in other sectors as regards the determination of the terms of employment.

The purpose of the EU road transport mobility package is to clarify the regulations in the transport sector and to harmonise their application in the Member States, improve the working conditions of drivers and improve supervision. As of 1 February 2022, the provisions of the Act on Posting Workers on pay, procedure on reporting posted workers, quality requirements for accommodation conditions and the employer's liability for travel and accommodation costs became applicable.

New obligations for subcontracted transports

In the future, the following obligations and measures will be applied to subcontracting of road transport to support supervision:

1. The employer (carrier) must submit a notification of posting workers via the EU's electronic IMI system to the EU portal (IMI) Road Transport - Posting Declaration.

The notification must include:

• operating permit number issued to the carrier
• contact details of the carrier‘s competent person-in-charge or other contact person of the carrier in the posting country in order to respond to official enquiries and receive documents or notifications
• personal data needed to identify the driver, personal identity code, address of the place of residence and driving licence number
• start date of the driver's employment contract and the legislation applicable to the contract
• planned start and end date of the posting
• information on the registration numbers of the motor vehicles used
• information on whether the service is the transport of goods or passengers, international transport or cabotage.

If the notified information changes, a requirement for the work to continue is that the posting company (employer) submits a supplementary notification on the IMI system as soon as such changes occur.

It is important to note that the notification on the EU portal only concerns subcontracted transports. If the transportation or personnel rental takes place within a company group, the notification of posting shall be submitted to the occupational safety and health authority electronically using an online form.

2. For roadside checks, the driver must have a copy of the notification of posting, proof of the transport service carried out in Finland and tachograph information.

3. The employer (carrier) is obliged to provide the occupational safety and health authority with the following information at their request:

• the employee's working time records of work carried out in Finland
• certificate of payment of wages and salaries
• information on the terms and conditions of employment applicable to the posted driver's employment relationship
• information on the transport service
• tachograph data.

As a result of the new obligations, the posting company is no longer required to appoint a representative based in Finland.

The Act on Posting Workers does not apply to the following road transport operations:

• bilateral transport of goods and passengers
• when the driver drives through the territory of a Member State without loading or unloading the cargo or without boarding or unboarding passengers (transit)
• bilateral combined transport of goods within the restrictions laid down in legislation.
   

Further information:

Lawyer Anu Ikonen
+358 295 018 143, firstname.lastname@avi.fi
The Division of Occupational Safety and Health, Regional State Administrative Agency for Southwestern Finland

Special Government Adviser Päivi Kantanen
+358 295 048 938, firstname.lastname@gov.fi
Ministry of Employment and the Economy

More on this topic:

Posted employees. Ministry of Employment and the Economy.
Portal for notifications of posting for employees in road transport. European Commission.
EU Mobility Package introduces new rules on road transport. Finnish Government.