Posted worker (In accordance with the contexts of the old law)
Note! Guidelines in accordance with the contexts of the new law can be found here.
The Posted Workers Act (1146/1999) applies to posted workers. This Act stipulates that Finnish provisions on working life shall be applied whenever they are more advantageous for the employee than the legislation otherwise applicable to him/her. For the purposes of applying the Act, it is irrelevant whether the posted worker’s employer is in another EU Member State or outside the EU.
An employee is a posted worker when:
- an employer posts a worker to Finland on his own account and under his direction, under a contract which the employer has concluded with the party in Finland for whom the services are intended (e.g. a subcontracting agreement),
- an employer posts a worker to an establishment or to an undertaking owned by the group in Finland, or
- the employer, being a temporary employment undertaking or placement agency, hires out a worker to a user undertaking established or operating in Finland (posted agency worker).
Employer’s obligations and client’s obligations
The posting company (the employer) must appoint a representative in Finland and manage other employer responsibilities such as paying wages that are considered reasonable in Finland. The employer is also responsible for ensuring safety at work. In the case of agency workers, the user company is also responsible for the occupational safety of agency workers.
Social security for posted workers is based on the employer company’s obligations or on intergovernmental agreements. Also, the posting company and the user company may agree for instance on the providing of occupational health care services for posted workers. What is essential is that the work performed in Finland must be healthy and safe.
The Division of Occupational Safety and Health: the liaison office for posted workers
The contact point (liaison office) for posted workers in Finland is the Division of Occupational Safety and Health at The Regional State Administrative Agency for Southwestern Finland. The division provides general advice on Finnish legislation concerning posted workers for the sending companies and the recipient companies in Finland as well as for the posted workers in Finland.
Please e-mail any questions related to posted workers to the address email@example.com.
The contact person is Anu Ikonen.
There is no national minimum wage defined by law; minimum wages are determined in universally binding collective agreements for each sector. If there is no universally binding collective agreement in a particular sector or any other agreement or common practice in place, employees must be paid ordinary, reasonable wages.
Collective agreements confirmed as universally binding may be found in the Finlex.fi online service (in Finnish).
If your employer has not paid your wages, you must demand your wages from the employer; your first recourse is always to talk to your employer. You may use these forms (doc, in Finnish): Pay receivables claim during employment and Pay receivables claim after termination of employment.
If you work at a construction site, you must carry a photo ID with your tax number at all times when you are at the site.
You may request a tax number at your local tax office or by phoning the Tax Administration helpline.
An employer may request tax numbers for all employees at once.
Further information is available on the Finnish Tax Administration website: Individual Tax Numbers.
Information on working life in Finland for foreigners:
Working in Finland – Information for Immigrants (in 13 languages). Finnish Institute of Occupational Health.
Legislation imposes requirements on both the employer of a posted worker and the company using the posted worker.
By law, the employer of a posted worker must:
- appoint a representative in Finland,
- confirm information on foreign employees and their right to work,
- comply with the legislation and rules on working hours,
- keep a record of working hours,
- comply with the provisions on minimum wages,
- retain information on wages paid,
- organise occupational health care,
- take out accident insurance for employees, and
- ensure that performing the work is safe.
A company using posted workers in Finland must:
- ensure that the posting company appoints a representative, and
- ensure the occupational safety of posted workers.
The Act on the Contractor’s Obligations and Liabilities when Work is Contracted Out principally also applies to posted workers
When a client signs a temporary agency work agreement or subcontracting agreement with the employer of posted workers, the client must take into account the requirements of the Act on the Contractor’s Obligations and Liabilities when Work is Contracted Out. This Act applies to both Finnish and foreign companies whenever the actual work is performed in Finland. It is irrelevant whether the company from which the client obtains agency workers or to which the client subcontracts is Finnish or foreign.
Further information on obligations under the Act on the Contractor’s Obligations and Liabilities when Work is Contracted Out: Contractor’s obligations and liabilities.
Workers at a construction site must have tax numbers
Everyone working at a construction site must display an individual photo ID at all times when on site.
The only exceptions to the photo ID requirement are persons delivering supplies to the construction site on a temporary basis and persons performing construction or repair work for their own personal use. No photo ID is required for such persons. Also, photo ID is not required on construction sites that are not shared workplaces.
The photo ID must show:
- whether the person in question is an employee or an independent contractor;
- if an independent contractor, the photo ID must show the name of his/her business enterprise,
- name and photo of the employee,
- name of the employer (wage payer), and
- tax number.
Employees may request a tax number at the local tax office or by phoning the Tax Administration helpline.
An employer may request tax numbers for all employees at once. Further information is available on the Finnish Tax Administration website: Individual Tax Numbers.