FAQ- Posted worker

 

General Employer’s FAQ Contractor’s FAQ
Builder’s/Project Supervisors’s FAQ

General

A posted worker is an employee temporarily posted in Finland from another country, who works under a subcontract, as an internal transfer within a company, or as a temporary agency worker. Starting from 1 September 2017, a posting company must submit a notification on the posting of workers to the occupational safety and health authority. A notification is to be submitted when the work takes over 5 days. In the construction sector, however, a notification must always be submitted. Companies working in the construction sector can send notifications through Ilmoita service.

 

Who is obligated to submit a notification on the posting of a worker?

The posting company must submit a notification before or at the latest on the same day that the contractual work begins. The notification can be sent well beforehand, once a contract for the posting of workers has been made.

 

Does it cost something to send a notification on the posting of a worker through Ilmoita service?

No, submitting a notification through Tilaajavastuu’s Ilmoita service is free of charge.

 

How is a notification submitted?

 

Employer’s FAQ

How can I submit a notification on a posted worker?

Begin by signing into Ilmoita service.

Make sure that all your employees have been added on the “Employees” tab. Add any missing employees.

Click on the ”Site registration” tab

  • find the contract you have previously made that you want to send a notification on, or
  • create a contract by signing up for a building site. You can then send a notification related to this contract.

Click “Send notification“ next to the contract.

A form opens on a new tab. Some information has been automatically filled into the form.

  • check all the information
  • correct the information if necessary
  • fill in the missing information

The required information is marked with asterisks.

When all the necessary information has been filled in, click ”Notify” at the bottom of the form. The notification is sent to the occupational safety and health authority via email.

You will receive a copy of the sent notification in your email. You can also view all the notifications sent by your company at the address postedworkers.tilaajavastuu.fi.

 

How can I submit a complementary notification?

If information in a notification changes substantially, you must submit a complementary notification without delay. A change is substantial when the representative, the workplace, the contract partner, or the number of employees changes, for example.

 

  1. Through Ilmoita service:

Click on the “Site registration” tab.

Find the contract you have previously made that you want to send a complementary notification on.

Click “Send notification“ next to the contract.

A form opens on a new tab. Click “I submit a complementary notification which replaces the previous notification.” on the form and check, correct and fill in the information on the form.

When all the necessary information has been filled in, click ”Notify” at the bottom of the form. The notification is sent to the occupational safety and health authority via email.

 

  1. Through Posted workers service:

Go to the address https://postedworkers.tilaajavastuu.fi.

Find the notification that you want to send a complementary notification on.

Click on the notification and “Resend notification”.

Check, correct and fill in the information on the form that appears.

When all the necessary information has been filled in, click ”Notify” at the bottom of the form. The notification is sent to the occupational safety and health authority via email.

 

Is there something else I should take into account?

  • Remember to also send the notification on the posting of workers to the builder and project supervisor of the building site.
  • Your company must have a representative in Finland. The representative must be contactable by the posted worker and authorities for the full duration of the posting.

The representative can be a legal entity or natural person, for instance the client in Finland (e.g. the user company employing an agency worker), an accounting firm or other service provider supplying services related to the posted workers for foreign companies. If a posted worker is sent to a company in Finland belonging to the same group of companies, the company in Finland may act as the representative. The representative may also be a foreign national who can be contacted in Finland.

 

Other responsibilities

  • Keeping documents on working hours in accordance with the provisions of the Working Hours Act (36, 37, and 37 a §)
  • Keeping record of annual holidays in accordance with the Annual Holiday Act (29 §)
  • Keeping information available on workers posted in Finland
  • Providing information to the contractor in the case of subcontracted or temporary agency work
  • Providing information to staff representatives

 

Contractor’s FAQ

What are the contractor’s obligations?

The contractor must always make sure that their supplier posting workers in Finland has submitted a notification on the posting of workers.

  • If a building site has been created in Tilaajavastuu’s Building Site Register corresponding to the building site in question, ask your supplier to register to the building site and submit a notification on the posting of workers through the postedworkers service. The postedworkers service is directly related to site registration in Tilaajavastuu services.

 

Make sure that your supplier that is posting workers in Finland has a representative in Finland who can be contacted.

If you have required the selection of a representative in your contract with a foreign company, the duty of care of the contractor (commissioner of the work) is fulfilled.

The contractor can demonstrate by email, for example, that they have made sure on their part that the posting company is aware of their duty to select a representative and of the requirements and obligations of the representative.

If requested by the occupational safety and health authority, request a statement from your supplier on how the representative can be contacted. Send this statement to the occupational safety and health authority.

If the supplier does not supply you with a statement despite your request, send a statement to the occupational safety and health authority informing them of your attempt to find out their representative’s contact information.

If necessary, supply the posting company with the information they need to fulfill their obligations as an employer in the case of temporary agency work.

 

Builder’s/Project Supervisor’s FAQ

What are the obligations of the builder and the project supervisor?

Create a building site in Tilaajavastuu’s Building Site Register that corresponds to a real building site. For every building site, only one site should be created in Building Site Register.

Fill in the basic details of the building site: the builder, the project supervisor (“filing company”), and the address details of the building site. This information is used when submitting a notification on the posting of workers. By filling the information in correctly and diligently, you are helping your foreign suppliers to notify all the correct information to the occupational safety and health authority.

Share the Site Key in your supplier chain and ask your suppliers to share the Site Key with their suppliers. Request that all companies acting on the building site register onto the site.

 

Make sure that a notification has been sent on a posted worker entering a building site.

If asked by the posted worker, request a statement from their employer on the worker’s paid wages, also making sure that the wage is in accordance with the minimum wage. Give this statement to the worker. If requested by the worker, send the request for information as well as the statement to the occupational safety and health authority. Archive the request for information and the statement for a period of two years after the work has ended.