The amended EU directive for posted workers that entered into force on 30 July 2020, introduced new requirements for employers who send their employees to provide services temporarily in another EU member state.
Changes that have taken effect
- The pay provisions applicable to posted workers are specified. Remuneration is determined in accordance with a universally binding collective agreement or a binding collective agreement under a collective agreement. If the employment provisions of the above-mentioned collective agreements do not apply to the employment relationship, the remuneration shall be determined according to the level of remuneration applicable to the corresponding work in the host company.
- The employer’s right of set-off from the employee’s salary is limited.
- If there is uncertainty about the nature of the installment paid by the employer, the paid installment is considered to be a reimbursement of costs and not a salary and is not taken into account in the assessment of the fulfillment of Finnish working conditions.
- The applicable collective agreements will be extended to subcontracting and within the company group transfers.
- The requirements for accommodation conditions apply in the same way as for national workers.
- Additional terms and conditions of employment to be applied in long posting situations lasting more than 12 months; in addition to the provisions on working time, annual leave and occupational safety in collective agreements, there are also provisions on compensation, allowances and financial benefits.
- The employer is obliged to reimburse the posted employee for travel, accommodation and meals incurred during the posting due to moving from Finland’s usual place of work. There is also a protection provision for travel and accommodation costs arising from postings to Finland. It applies where the posted worker does not receive protection on the basis of the law, practice or employment contract of the country of origin or the protection would be substantially below the level considered normal and reasonable in Finland for the work in question.