Enforcement findings: Many posted workers from abroad receive too little pay
On the basis of enforcement findings by the Occupational Safety and Health Authority, workers posted to Finland from abroad experience many deficiencies in their pay. Common deficiencies include cases of unpaid bonuses or the basic wage remaining below the minimum level determined in the collective agreement.
During the past year, the minimum terms of employment and the working hours of posted workers have been inspected in a national enforcement project. So far, a total of 100 inspections have been carried out. Inspected sites include companies who post workers to Finland as well as companies leasing foreign labour workforce.
Deficiencies related to wages were observed in approximately half of the inspections. The most common deficiency was that the paid wages did not include the bonuses payable pursuant to the collective agreements. In some of the cases, the basic wages paid were under the regulations provided in collective agreements.
In nearly half of the inspected sites, there were also deficiencies in the management of working hours. The working hours register had not been kept correctly and no agreement had been made regarding the working hours adjustment system. In a few cases, significant differences were also observed between the working hours register and the access control system data in the workplace.
Potential imposition of negligence fees is under consideration
Companies posting workers to Finland have been obliged for more than two years now to file an advance notice to the Occupational Safety and Health Authority on the posting of a worker. A negligence fee of 1,000–10,000 euros can be ordered for a failure to file an advance notice.
In half of the inspected sites, the notice had either not been filed at all or it had been done inadequately. With regard to these, a potential imposition of a negligence fee is under consideration.
The goal of the enforcement of posted workers’ terms of employment is to prevent black economy. Occupational safety and health inspectors will continue the enforcement on a national scale.
Anna Pärtty, Lawyer
Tel. +358 295 018173, firstname.lastname@example.org
Regional State Administrative Agency for Southwestern Finland, Division of Occupational Safety and Health