EU Posted Workers Directive Implemented

Finland has implemented the 2014 EU Directive on the posting of workers, effective September 1, 2017. Employers sponsoring posted workers for new assignments in Finland must now notify the Finnish Occupational Safety and Health Administration (OSH) before the start of the assignment, and provide detailed information on the posting.

New Notification Requirements

For assignments that begin on or after September 1, 2017, employers based in an EU Member State who post workers under an agreement concluded after June 18, 2016 must notify the OSH at the latest on the start date, whereas this was not required previously.

Notification is not required when workers are transferred within a group of companies for up to five days in a four-month period. This exemption does not apply to companies in the construction sector.

The employer must notify the OSH immediately if any information changes.

Notification Process

Employers must provide the following information when notifying the OSH:

• The identity of the service provider;

• The identity and contact information of the contractor;

• The estimated number of posted workers;

• The identity of the liaison person;

• The estimated duration and dates for the start and end of the posting;

• The address or addresses of the workplace; and

• The branch in which the posted worker will work. 

The information must be provided in an e-form on the OSH website.

New Document Retention Requirements

For the duration of the posting, the employer must maintain hard or soft copies of the following documents at the workplace:

• Identifying details of the sending entity;

• Identifying details of the posted worker;

• Written information on the applicable working conditions;

• The employment contract;

• Payslips and proof of payment; and

• Timesheets.

New Requirement to Designate a Representative

Sending employers must also designate a person to communicate with the OSH and to send and receive documents and/or notifications. Alternatively, the sending employer must indicate why no representative is available.

What This Means for Employers and Foreign Nationals

Employers and foreign nationals submitting posted worker applications in Finland will need to take these new requirements into account when preparing the applications. Further guidance from the OSH may become available as the notification process is evaluated in practice.

Fragomen can assist with the notification process and ensure notifications fully comply with the new requirements.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].