Posted worker – employer’s responsibilities
Posted worker is a person who has been sent from another country to Finland to work as a service provider either as a subcontractor, intra-company transfer (ICT), or as temporary work. This means that his normal place of work is in another country and regardless of his nationality he may fulfill the criteria for a posted worker.
Foreign companies that send employees to Finland have had the responsibility to notify the authorities of the employee’s transfer information since 1.9.2017. This notification can be done as soon as the contract for sending the employee has been done, but has to be done before the work actually begins. Based on the notifications the authorities can better estimate both the amount of companies and the amount of employees engaged in ICTs. It also allows the Occupational Safety and Health Administration to better target their resources to make sure that the minimum requirements for posted workers are fulfilled. If the initially notified information changes drastically, i.e. a new representative, location, amount of employees or contractual partner, the transferring company must submit a supplementary notice as soon as these changes occur. Otherwise the right to work is discontinued.
In the construction sector the notification is always done, except if the employees are sent to work in other fields as an ICT for a maximum of five days. Sometimes it is hard to draw the line between an ICT or a work trip. They always have to be based on a service agreement between the employer and the contractual partner. Therefore it is fundamentally relevant, that the criteria for a transfer (existing employment, foreign employer and their posted worker) are fulfilled along with the service agreement.
A foreign company sending employees to Finland in this manner must have a representative in Finland that is reachable by both the posted worker and the authorities for the entirety of the transfer. It is the responsibility of the company sending the employee to maintain in Finland the necessary information on themselves and the posted workers for the entirety of the transfer. In practice, all communication takes place through the representative.
The client must look to the appointment of a representative and their reachability. The client must, at the request of the Occupational Safety and Health Administration, ask the transferring company where and how the representative can be contacted. This information must also be provided to the Occupational Safety and Health Administration. Failing to abide by the responsibilities in the Posted Worker’s Act carries with it administrative repercussions, a negligence fee, which can vary from 1 000-10 000 euros.