Recent changes to the Aliens Act mean new obligations for employers and contractors
A number of changes to chapter 5 of the Aliens Act that concern the obligations of employers and contractors entered into force on 23 February 2023. The occupational safety and health authority has compiled the most important of the changes in the workplace bulletin ‘Changes to the Aliens Act that concern employers’ obligations’. Below are some of the changes.
Construction sites and shipyards
At a construction site, the main contractor or other principal contractor must now check that all foreigners working at the site have the right to work. The obligation also applies to the employer exercising main authority at a shipyard area.
In other words, the above parties must check that foreign workers employed by Finnish companies at the site have the right to work.
The obligation to retain information now also applies to the contractor
Under the new provisions, employers and contractors must retain the documents specifying their foreign workers’ right to work for two years after the end of the employment relationship. This means that the four-year retention period was shortened to two years and it now also applies to contractors.
Working without a residence permit
The Aliens Act now contains more specific provisions on when posted workers can work in Finland without a residence permit.
Under the new provisions, foreign posted workers have the right to engage in gainful employment in Finland without a residence permit for a maximum of 90 days during any period of 180 days. The Aliens Act now also contains more detailed provisions on how this period is calculated.
Obligations of foreign employers
The new provisions impose additional obligations on foreign employers domiciled outside Finland. Like Finnish employers, they too must check that their foreign employees have the right to work in Finland.
Read the whole workplace bulletin: Changes to the Aliens Act that concern employers’ obligations.
All workplace bulletins can be found at Workplace bulletins.
Senior Officer Katja-Pia Jenu, +358 (0)29 501 6258
Occupational Safety and Health Division of the Regional State Administrative Agency for Southern Finland
Administrative Officer Riikka Mandelin-Hakala, +358 (0)29 501 8095
Occupational Safety and Health Division of the Regional State Administrative Agency for Southwestern Finland