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Number of posted workers growing steadily - Many lapses observed in compliance with legislation
Occupational safety and health authorities carry out more than 300 inspections as part of the supervision of posted workers in Finland in 2022. A key issue that was monitored was that companies posting workers to Finland from abroad and contractors using posted workers comply with Finnish legislation on posted workers.
The largest number of written advice was issued on non-conformance with notification obligations. A large number of non-conformances were also observed in pay, working time records and the terms of employment.
A total of 180 inspections of contractors were carried out. The minimum terms of employment for posted workers were supervised in 89 inspections. The remaining 27 inspections concerned obligations for the negligence of which a negligence fee may be imposed.
The information can be found in the recently published report Supervision of Posting of Workers and Notifications of Posting in 2022.
A growing number of workers are being posted to Finland
The posting undertaking must submit a notification of the posting of an employee to the occupational safety and health authority. The number of these notifications grew rapidly compared to the previous year. A total of 18,337 notifications were submitted, which is 83% more than the previous year. In spite of this, a large number of shortcomings were still found in compliance with the reporting obligation.
The number of posted workers in Finland is best illustrated by the number of employees reported in the companies' first notifications, which was 30,410 in 2022. This means an increase of approximately 21% from the previous year. With regard to this number, an accurate comparison is not possible, as before 1 October 2021, the notification only required information on the estimated number of employees with an accuracy of five persons.
The increase in the volume of posting was also reflected in the number of questions addressed to the contact authority for posted workers. In particular, information was requested on the obligations of the posting undertaking and on the sectors to which the Act on Posting Workers applies. The right to work of third-country nationals was also often highlighted in the questions.
Information for posting undertakings and posted workers
In recent years, the occupational safety and health authority has tried to communicate more than before to posting companies and posted workers. In 2022, an English-language webinar was organised during which the rights of the posted worker in Finland were outlined. Key regulations related to the posting of workers have also been compiled on the Posted worker page of the Tyosuojelu.fi website.
Click below to read the report: Supervision of the posting of workers and notifications of posting in 2022 (pdf in Finnish).
Senior Inspector Antero Seppänen
+358 295 018 181, [email protected]
OSH Division of the Regional State Administrative Agency for Southwestern Finland