Posted workers’ notification duty as of 1.9.2017
Posted workers’ notification duty as of 1.9.2017
Foreign companies have to notify posting of workers to Finnish Occupational Safety and Health authority beginning from September 1st, 2017. Notification is done before the beginning of the work.
Econia Business Services offers notifications in part of local representative services according to the agreement. Kindly be in contact to agree on your workers´ representation in Finland. We take care of your posted workers!
Posted workers are employees posted to work temporally in another EU country. During the employment, the worker is posted to Finland by the employer to work temporally. The foreign company must notify the occupational safety and health authority about the posting of workers.
In the construction field, the notification is obligatory. If there are substantial changes in the information, the posting company needs to make a new notice immediately. Substantial changes refer to a change of representative, workplace, number of workers, or contract partner.
The notification must include:
- identifying details of the company
- contact information
- foreign tax identification number
- information on the responsible persons of the posting company in the country where the
- company is established
- identifying details and contact information of the contractor
- identifying details and contact information of the builder and the main contractor for
- companies in the construction sector
- estimated number of posted workers
- identifying details and contact information of the postings company´s representative in Finland or information indicating why a representative must not be selected
- starting date of the posting of workers and the estimated duration of the posting
- place where the work will be carried out
- branch in which the worker will work
Reporting is not needed when workers are transferred within the company for a maximum of 5 days. The posting company has to consider all posting periods for the last four (4) months. If there have been posted workers in Finland during this period, the notification has to be done and also a local representative has to be named. In construction field, the notification has to be done at all times.
If notification is not given, a negligence fee between 1 000 and 10 000 euros can be imposed (also insufficient information or informing a representative without his nomination).
The Act of Posted Workers was renewed (447/2016) and it came into effect on June 18th, 2016. The new act applies to posted workers posted to Finland based on a contract concluded 18.6.2016 or after. The old one (1146/1999) applies to contracts concluded before.