Posted worker - Ingressi
A posted worker is an employee habitually working in some other country than Finland who is sent for a fixed period to perform temporary work in Finland by their employer, a company located in a country other than Finland and engaging in considerable business in the country in question.
Posted worker - Yleistä
The Act on Posting Workers (447/2016) provides provisions on posted workers. Its scope of application includes new contracts made after the Act came into force on 18 June 2016, on the basis of which employees are sent to Finland.
Amendments were made to the Act on Posting Workers which entered into force on 1 December 2020. The amendments concern the following:
- more detailed guidelines on pay provisions applicable to posted workers;
- restrictions to the employer’s right to set off receivables against an employee’s salary;
- a new provision on making pay comparisons according to which any payments of an uncertain nature made by the employer would be regarded as compensation for expenses and not as a wage or salary;
- an extension of applicable collective agreements in transfers within subcontracting or a group of undertakings;
- application of the same accommodation quality requirements to posted and local workers;
- additional employment conditions to be applied to long postings of more than 12 months;
- an obligation for the employer to compensate the posted worker’s travel, accommodation and meal expenses arising from travel from the worker’s regular place of work in Finland during the posting.
Further information: Amendments to the Act on Posting Workers
The old Act on Posting Workers (1146/1999) will still continue to apply to posted workers in Finland whose posting agreement between the employer and the contractor was concluded before the entry into force of the new act, i.e. before 18 June 2016.
NOTE: You can find instructions for the practical application of the old Act here.
This Act specifies the Finnish provisions on working life that shall be applied whenever they are more advantageous for the employee than the legislation otherwise applicable to them. 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 a person posted from another state who carries out work in Finland under a contracts as subcontracted work, as an internal transfer within a company or as temporary agency work. The habitual place of employment of a posted worker is some other country than Finland.
An employee is posted to perform work for which a contract has been made between the posting company, i.e. the employer, and the contractor. The employee performs work on behalf of the posting company and under the direction of its management.
Internal transfer within a company
An employee is posted to work for an establishment or undertaking located in another state and belonging to the same group of companies.
Temporary agency work
An employee is posted to another state for use by another company. The employee’s own employer is a temporary employment agency or placement agency.
Obligations for the employer, the contractor and for the main contractor and the builder
- It is the responsibility of the posting company, i.e. the employer, to submit a notification to the occupational safety and health authorities before the work is begun, to assign a representative in Finland and to make the necessary information available throughout the posting.
- The employer must comply with the level of pay considered reasonable in Finland. The employer must also keep a record of working hours and annual holiday.
- 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 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 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 email@example.com
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.
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
- 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
- comply with additional terms and conditions of employment for long-term posting
- 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 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
- comply with the provisions of collective agreements on travel, accommodation and meal expenses
- 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
- comply with any provisions of collective agreements on accommodation conditions
- 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 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)