Amendments to the Act on the Posting of Workers
The changes to the Act on Posting Workers entered into force on 1 May 2024. The Act has been amended to better meet the requirements of two EU Directives. The Government’s proposal is based on infringement proceedings the European Commission has initiated against Finland.
The change in the law improves the protection of posted workers
To protect posted workers, a provision was added to the Act prohibiting any retaliation and imposing liability for damages in the event of a violation of the prohibition. The posting company may not impose negative sanctions on the posted worker in the form of retaliatory measures or otherwise treat him unfavorably because the posted worker has initiated legal or administrative proceedings or contacted a public authority to claim his rights under this law. The aim is to safeguard the right of posted workers to claim their rights under the Act on Posting of Workers through the public authorities and judicial proceedings without fear of retaliation.
The posting notification no longer needs to be sent to the main contractor
The obligation for the posting company to submit the notification of posting to the builder and the main contractor was removed. However, the posting company is still obliged to provide the main contractor with the information necessary to maintain a list of workers at the joint workplace in accordance with the Occupational Safety and Health Act.
The contractor no longer needs to find out if the representative is reachable in Finland
The specific obligation on the contractor to ensure that the posting company´s representative is contacted at the request of the labour authority and the associated negligence fee for failure to comply with this obligation have also been removed from the law. However, the contractor is still obliged to provide the necessary information to the labour authority when compliance with the legislation on posting is investigated. No changes have been made to the responsibilities to inform the posting company of the obligation to notify and appoint a representative.
Responsible person and representative of the posting company in Finland
The information required in the notification of the posting was clarified. Information on the person in charge of the posting company in the Member State of establishment should only be provided if the Member State of establishment requires such a person to be appointed. In practice, the appointment of a responsible person is required in most states of establishment.
The qualification requirements for the representative of the posting company were clarified so that the representative no longer needs to be qualified to represent the posting company before the court.
Keeping available and translating documents in road transport
In addition, the amendments improved the conditions for the supervision of posted drivers in road transport by specifying the obligation to keep the required documents for a longer period. The information must be kept for two years after the end of the posting, which also allows supervision after posting has ended. In addition, the right of the labour authority to request translations was extended to cover road transport postings.
More information on posting a worker
Information on posting a worker to Finland can be found on the Occupational Safety and Health administration's online service page Posted worker.
Information on posting a worker from Finland to another country can be found on the website of the authority in the country of destination. The website can be found on the Posting staff abroad page of the Your Europe website under "National websites and contact details".
For more information:
Anu Ikonen, lawyer
0295 018 143, [email protected]
Occupational Safety and Health Division Regional State Administrative Agency of Southwest Finland