On 8 June 2016, the Finnish Parliament approved a Bill (HE 39/2016 vp) to replace the current Posted Workers Act (1146/1999) with a new act. The new act implements the so-called Posted Workers Enforcement Directive 2014/67/EU. The new act came into effect on 18 June 2016. Some of the key changes are described briefly below.
Scope of application
After the reform, the Act also applies to work performed under a procurement contract of public central administration.
Employer's obligation to notify Finnish authority
Employers posting workers to Finland will have an obligation to give notification to the Occupational Health and Safety Authority before the work begins. As a general rule, no notification needs to be given if the employee is posted to Finland within a corporate group for a maximum of five working days. In the construction industry, notification must be given in all cases to the Occupational Health and Safety Authority as well as to the developer and the main contractor before the work begins. The notification duties will not come into effect before the requisite technical systems have been adopted.
More responsibilities for contractors
In the construction industry, the developer or the main contractor is obliged to immediately request clarification from the employer if the employee informs the developer or the main contractor that their wages are unpaid. The developer or the main contractor is obliged to immediately provide the employee with the clarification request and the response received from the employer. The same information must be immediately provided to the Occupational Health and Safety Authority at the employee's request. The developer or the main contractor is obliged to keep this information for two years after the work has ended.
Negligence fee for violations
Personal criminal sanctions for violating the Act have been replaced by administrative sanctions for companies. The Occupational Health and Safety Authority may impose a negligence fee of between EUR 1,000 and EUR 10,000 for violating certain provisions of the new Act.