Finland

28. 6. 2012

The document contains detailed information on terms of posting workers to EU member states including local conditions of employment. Each member state is described its notification duty, competent institutions for particular steps incl. contacts, data to be notified, sanctions for not complying with the regulations, etc.

Notification duty

No

Notification office

No

Tax office where posted employees must register when exceeding 183 days in Finland

Posted employees must be registered with the www.mol.fi/mol/en/index.jsp). More information on: www.mol.fi/mol/en/02_working/05_foreigners/01_permits_registration/index.jsp(English version). Regarding tax issues, contact the Finnish Tax Administration (Verohallinto in Finish), www.vero.fi. Its web site, available also in English, provides contacts to regional and local tax offices (see section „Contacts“). Telephone inquiries regarding taxation in Finland are answered in English at the telephone number +358-20 697050 (020 697050 for calls from Finland), on working days from 9 a. m. to 3 p. m.

Period of notification of posting

No

Sanctions for failure to notify

No

Notification form

No

Data to be notified

No

Maximum length of working time

The regular working time is a maximum of 8 hours a day and 40 hours a week.

Minimum length of a rest period

A one hour rest period is set for a working time longer than 6 hours; it can be shortened to a minimum of half an hour upon agreement.

Minimum length of holidays

The length of holidays depends on the length of the employment relationship and accounts for 2 to 2.5 days for ever month of work (an employee must work at least 14 days or 35 hours a month).

Minimum wage

The minimum wage is based on the generally binding collective agreement in the given sector. Collective agreements are referred to at the web site of the largest Finish union SAK (www.sak.fi) where every trade union is linked to the relevant collective agreement. The English version www.sak.fi/english provides general information on collective agreements in the section “This is SAK – Labour market system – Agreements“, where it is stated that some trade unions and employers’ federations can also provide translations of their collective agreements into English. Most other unions provide, besides others, general information on collective agreements in given sectors in English. Collective agreements of individual industry branches and services can also be searched on www.finlex.fi/en – section “Secondary legislation“ – “Collective Agreements“. Searching can be made alphabetically or by the year of signing the agreement.

Overtime work is remunerated with 50% extra payment for the first 2 overtime hours and 100% extra payment for every subsequent overtime hour. The extra payment is based on the standard wage per hour.

Documents to be available at the place of pursuance of work

Prior to the commencement of the work of posted employees, the representative of the employer must have the following documents in writing:

  • E 101 or E 102 form
  • EHIC – European Health Insurance Card
  • identification document
  • identification data on the employer and data on the responsible person in the country of employer’s residence
  • information of working conditions applied in the employment contract of the posted employee
  • clarification of the qualifications of the posted worker to pursue the work (services)

Necessity to translate documents

Translation is not required however the representative of the employer must be able, in case of an incomprehensible language, to explain the content of the documents.

Obligation to store the documents

Prior to the commencement of the work of posted employees, the employer must notify the entity for which the work will be pursued who will keep the documents for the period of posting (usually a representative of the employer). The data must be stored for a period of two years after the termination of the employment in Finland.

In case employees are posted in Finland more than 8 days, the employer or the representative of the enterprise posting the employees must keep records of the working time and the wage paid to posted employees.

Obligation to entrust a responsible representative

If an employer of a posted employee does not have a business representation in Finland, it must appoint a representative who has a full power to act on behalf of the employer at the court and receive papers for the employer. The representative must be appointed by the commencement of the work of the posted employee at the latest and the appointment must continue for a minimum period of 12 months after the termination of the employment in Finland. The representative does not have to be appointed in case of posting shorter than 14 days.

The representative must have a seat in Finland.

Obligation to entrust a responsible representative for receiving papers

No

Discussion

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