Posted worker - Ingressi
A posted worker is an employee normally working in some other country than Finland and whose employer is established and performing significant activities in another country. During his/her employment the worker is posted to Finland by the employer to perform temporary work for a limited period of time.
Posted worker - Yleistä
The new act on the posting of workers (447/2016) applies to the posted workers, as well as the old Posted Workers Act (1146/1999). The old act will still apply to posted workers when the new law comes into force, if they have been posted to Finland based on a contract concluded before 18.6.2016. The new act applies to posted workers posted to Finland based on a contract concluded 18.6.2016 or after.
NOTE! The guidelines based on the application of the old law can be found here.
The Posted Workers Act (447/2016) applies to posted workers. This Act determines the provisions on working life which shall be applied whenever they are more advantageous for the employee than the legislation otherwise applicable to him or 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.
A posted worker is an employee from another country who is posted in Finland to perform work under a subcontract, as an internal transfer inside a company or as a temporarily agency worker. The habitual workplace of a posted worker consequently is located in some other country than Finland.
A worker is sent to carry out work under a contract which the the posting company, i.e. the employer has concluded with the contractor. The worker works for the account of the posting company and under the direction of the company management.
Internal transfer in a company
A worker is posted to an establishment or to an undertaking owned by the company group in some other country
Temporary Agency Work
A worker is sent to perform work for another company. The employer of the worker is a company transmitting or hiring labour.
Obligations for the employer and the contractor and for the main contractor and the builder
- The posting company, i.e. the employer must ensure that a representative in Finland is selected and that all information needed is kept available as long as the posting lasts.
- The employer must comply with the wage level considered reasonable in Finland and give the workers a written statement of the principal terms of work during the posting. The employer is also obliged to have a working hours register and a register over annual holidays.
- The employer must always ensure the safety at work. The using company is also responsible for hired posted workers safety at work.
More information: Working conditions
- The employer must take out insurance for accidents while work is performed in Finland. The employer also must arrange statutory occupational health services in Finland.
- The contractor must ensure that the posting company selects a representative and that this representative is available. The main contractor and the builder in the construction sector must on the request of the posted worker sort out inadequate payments wih the posting company. The main contractor and the builder must send the posting company´s answer to both the worker and on his or her request to the OSH authorities.
Obligations under the Act on the Contractor´s Liability must be taken into account in when hiring labour and subcontracting
The Act on the Contractor´s Liability applies both Finnish and foreign contracting companies. It is not relevant if the contractor acquires the hired labour or the subcontracting from a Finnish company or a foreign company.
When the contractor concludes a contract on temporarily agency work or subcontracting with a company posting the workers, the contractor must require certificates and accounts under the Act on the Contractor´s Liability from the contract partner and the posting company must send them to the contract partner.
More information on the obligations in the Act on the Contractor´s Liability.
Liaison office for posted workers: the OSH Division of the Regional State Administrative Agency for Southwestern Finland
Liaison office for posted workers gives general advices on the applicable legislation in Finland and guides to contact the right authority. Guidance is given to companies posting workers in Finland, receiving companies in Finland and posted workers.
Please send your questions concerning posted workers per e-mail to firstname.lastname@example.org
More information: Anu Ikonen, Lawyer, OSH Division of the Regional State Administrative Agency of Southwestern Finland.
Posted worker - Työntekijälle
Right to work
If you are not a Finnish citizen, under the Alien´s Act you must prove your right to work in Finland. Show your employer your passport, a official travel document or your residence permit card.
The employer normaly makes a copy of the ground for your right to work, because in accordnace with the law, the employer has to have the proof available at the work place.
A minimum wage is not determined by law in Finland, but by the generally binding branch collective agreement. In absence of a generally binding collective agreement for the branch or an agreement or practice, the employer must pay you a habitual and reasonable compensation.
You will find information on the wages in accordance with the collective agreement on the online services of the employers´ associations and the unions. The collective agreement with binding nature are published in the online service Finlex.fi (in Finnish).
If the employer has not paid wages or the wages paid are inadequate, you must inform the employer about this. In the last resort you will have to collect unpaid wages yourself from the employer.
If you work in the construction sector and you have been paid inadequate wages, you may inform the contractor or the builder. You may address your notification to any of these or to both.
The main contractor or the builder must immediately require from the posting company an account on the wages you have been paid and a statement on wheter the wages complies with the provisions in Finland. The main contractor or the builder must provide you with the request for statement and the answer from the posting company to you. On your request the employer must provide the OSH Division with the statement and the answer and these must be kept available for two years after the termination of the work.
Taxation and photo ID
If you work on a construction site you must carry a photo ID with a tax number You obtain your tax number from the tax office or by calling the Telephone Service. When necessary the employer can also obtain the tax numbers for all workers at the same time. .
The worker is responsible for the validity of the taxation, you will receive more information on the taxation in the online service of the Tax Administration.
More information:Working in Finland – information for immigrants. Finnish Institute Of Occupational Health.
Posted worker - Työnantajalle
The provisions contain obligations both for the posting company, i.e. the employer of the posting worker and for the contractor, i.e. the company using workers. The obligations of the builder and the main contractor are described under Employment in Finland.
The posting company (the employer of the posted worker) must
- report the posting of workers before the work begins (into force during 2017)
- have knowledge of which country´s legislation will be applied on the employment contract and, in spite of this legislation, comply with the minimum employment conditions on posted workers in the Finnish legislation
- select a representative for the company in Finland who is available during the duration of the posting
- ensure the right to work of posted workers in Finland
- keep available in writing during the posting
- identifying information of the posting company and contact information on the responsible persons in the country where the company is established
- identifying information on the posted workers
- a statement of the employment conditions applicable on the employment contract of the posted workers
- a statement on the grounds for the posted workers´ right to work
- working hours register, payment calculations and a receipt issued by a finance institute on paid wages
- comply with the provisions on minimum wages
- comply with the provisions on working hours, annual holidays and family leaves
- comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety
- keep a working hours register, a driver´s logbook and draw up working schedules and when average working hours are applied an working hours adjustment system
- keep record of the annual holidays
- arrange statutory occupational health service in Finland
- take out accident insurance for the duration of the posting
- provide the contractor with a statement on the determination of the social security for subcontracted and hired workers who are posted in Finland when the work already has begun
- ensure the occupational safety of the employees
- with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working
- ensure that the workers on the construction site carry photo ID:s showing the tax number of the public tax number register
- comply with the taxation legislation arriving in Finland from overseas
The contractor (the company using posted workers in Finland) must
- ensure that the posting company reports the posting (entering into force in the fall of 2017) and selects a representative in Finland
- on the request of the OSH authorities, assist in reaching the representative
- ensure that the working conditions of the workers conform with the occupational safety provisions
- deliver to the sending company needed information about the employer´s obligations concerning temporary agency work.
Posted worker - Lainsäädäntö
Occupational Accidents, Injuries and Diseases Act (459/2015)