Guidelines for occupational safety and health enforcement 2/2024

 

1. Purpose of the guideline

This guideline addresses the supervision of workplaces that use foreign labour. The supervised employer may be Finnish or foreign. Pursuant to the Aliens Act (301/2004), a foreign employee refers to a person who is not a citizen of Finland.

From the perspective of occupational safety and health supervision, the provisions that apply to foreign workers can be divided into three areas: the right to work, terms of employment applied to the worker and working conditions. The supervision of the use of foreign labour is also closely related to employment relationship matters and the supervision of work discrimination. Separate guidelines have been drawn up on these, which must be complied with in addition to this guideline. There are separate guidelines on the supervision of companies posting workers to Finland and their contractors.

This guideline describes the measures taken in inspections whose main objective is to supervise the use of foreign labour and the principal terms of employment. Issues related to the use of foreign labour may also come to light in connection with some other inspection or in the form of a client contact, in which case the guideline is applied as appropriate.

The aim of the guideline is to harmonise the supervision of the use of foreign labour and to increase the transparency of supervision. The guideline also describes cooperation with other authorities.
 

2. Legal basis

The occupational safety and health authority ensures that employers and contractors comply with the obligations imposed on them in section 82 of the Aliens Act. The occupational safety and health authority is assigned its supervisory task in section 85 of the Aliens Act.

Under the Act, the employer and the contractor have the following obligations:

• verifying the right to work
• notification obligation
• keeping records of the grounds for the right to work.

In addition, under the Act, the general contractor and the employer exercising the main authority in a shipyard are required to

• ensure that people working in the area have the right to work
• retain information on the grounds for the right to work.

The occupational safety and health authority is required to file a report with the police if it suspects the following acts (of which provisions are laid down in the following legislation:

• use of unauthorised foreign labour (Chapter 47, section 6a of the Criminal Code)
• violation of the Aliens Act (section 185 of the Aliens Act)
• employer’s violation of the Aliens Act (section 186 of the Aliens Act)..

Provisions on this reporting obligation of the occupational safety and health authority are laid down in section 85, subsection 2 of the Aliens Act.
 

3. Operating principles

The occupational safety and health authority is responsible for supervising the actions of employers. The purpose of the supervision is to safeguard a single labour market that operates with the same terms for all employees. Inspections primarily assess how the employer or contractor has fulfilled their statutory obligations related to the use of foreign labour. An inspection ensures that the employer complies with the obligations laid down in the Aliens Act, the principal minimum terms of employment and regulations concerning working conditions.

The inspector has the right to receive documents and reports from the employer to the extent necessary for supervision. The inspector requests access to the documents with a workplace inspection to investigate whether legislative requirements are met. If necessary, the inspector requests copies of the documents. In this case, the inspector sends the employer a request for clarification for specific documents or information within a deadline. The inspector can also issue a request for clarification to the employer during the workplace inspection.

It may be difficult for a foreign employee to get information about Finnish labour legislation or practices. This could be due to lack of awareness or poor language skills. The lack of a shared language can also make communication more difficult.

In order to supervise the terms of employment of foreign labour efficiently and appropriately, it is often necessary to turn to a different enforcement approach and procedures. The aim during an inspection is to talk with the employees about the fulfillment of the minimum terms of employment and to give them brochures translated into different languages. If necessary, an interpreter is used for communication.

The quality and number of supervisory measures depends on whether there is a suspicion of work discrimination and whether a foreign employee is less able than usual to manage their affairs. In this case, the administration’s service principles and the significance of the obligation to provide guidance are particularly highlighted. However, the occupational safety and health authority is not responsible for the advocacy of foreign workers any more than that of Finnish workers.

The provisions of the Administrative Procedure Act on interpretation and translation are also relevant. The occupational safety and health authority arranges interpretation and translation even in situations other than those specifically referred to in the Administrative Procedure Act if doing so is necessary for investigating the matter and safeguarding the rights of the party concerned.
 

4. Inspection activities

The supervision of the use of foreign labour addresses the topics determined by the occupational safety and health authority’s performance agreement and enforcement plan.

During an inspection, the inspector addresses the obligations imposed on different actors by the Aliens Act and labour legislation. These include ensuring the right to work and retaining information on it, the principal terms of employment, compliance with minimum wages, working hours arrangements, records of working hours and other working hours documents, the organisation of occupational health care, and accident insurance.

4.1. Employer’s obligations: foreigner’s right to work and retention of information

The employer must ensure that their foreign employee has the right to work in Finland (section 82(1) of the Aliens Act). An employee’s right to work in Finland is based on them being a citizen of an EU or EEA Member State, having a valid residence permit or not needing a residence permit for an employed person. The Aliens Act contains separate provisions on situations where a foreign person is allowed to work in Finland without an employee’s residence permit, either with or without restrictions. Provisions on the right to work are also laid down in acts other than the Aliens Act. For example, a seasonal worker’s right to work is based on the Seasonal Workers Act.

Citizens of EU or EEA countries do not need an employee’s residence permit. Their right to work can be demonstrated with an identity card when the person’s nationality is indicated on the card. It is important to note that a tax card, Kela card or driving licence does not prove the right to work. The right to work is also not demonstrated by a Finnish identity card issued to a foreigner with the entry “xxx” for nationality. The employer must verify the right to work from official and valid travel documents.

In general, the employer can verify the right to work of employees from third countries from a separate residence permit card.

The inspector supervises that the employer has verified the following:

• the foreigner who is to be employed or is currently employed has the right to work in Finland
• the employee’s professional field in their residence permit matches the work carried out by the employee.

If necessary, the inspector can check the information received during the inspection from the Register of Aliens.

Section 4, subsection 3 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006) must be taken into account in the supervision of foreign employees’ right to work. It gives the inspector the right to receive information about a foreign employee’s right to work also directly from the employee. However, supervision measures to ensure the right to work are always primarily directed at the employer.

The inspector also ensures that the employer has kept information at the workplace on the foreigners they employ and the grounds for their right to work (section 82(3) of the Aliens Act). The employer must retain the information so that it can be easily inspected by the occupational safety and health authority. There are several ways to store the information. The employer can keep a separate updated list, or the information can be part of the employer’s human resources register. The employer must keep the information for two years after an employment relationship with a foreign employee concludes. During the inspection, the inspector can compare the information retained and updated by the employer to the foreign workers at the workplace.

4.2 Employer’s responsibilities: Notification to the Finnish Immigration Service and employee representative

When an employer hires a non-EU national, an individual comparable to a non-EU national or a family member of the same, they must without delay submit the following information to the Finnish Immigration Service (to the TE Office until the end of 2024):

• employee
• duration of the employment
• employee’s pay
• the collective agreement applicable to the work.

In addition, the employer must notify the name of the foreign employee and the applicable collective agreement to the trade union representative, the elected representative and the occupational safety and health representative. The information must be provided in the e-service system or on paper if using the e-service is not possible.

Provisions on these employers’ obligations are laid down in section 82, subsection 2 of the Aliens Act.

These employer’s notification obligations also apply when the employer hires a foreigner who is entitled to work without the residence permit of an employed person.

The aforementioned obligations do not apply if the employee is a citizen of an EU or EEA country or a family member of such.

If necessary, the inspector supervises that the employer has submitted a notification to the Finnish Immigration Service (to the TE Office until the end of 2024) and informed the name of the third-country national and the applicable collective agreement to the employee representatives.

4.3 Contractor’s obligations

Some of the employer’s obligations supervised by the occupational safety and health authority also apply to the contractor (section 82(4) of the Aliens Act). Under legislation, a contractor is the party awarding the contract or subcontract and the commissioner of the work.

When employees employed by a foreign employer work under contract or subcontract, as temporary agency workers or as intra-group transferees, the contractor must

• ensure that a foreigner who is to be employed or is currently employed has the right to work
• keep records of any foreign workers they employ and of the grounds for their right to work, so that they are easily available for inspection by occupational safety and health authorities at the workplace. The information must be kept for two years from the end of the employment relationship with a foreign employee.
• notify the name of the foreign employee and the applicable collective agreement to the trade union shop steward, the elected representative and the occupational safety and health representative in the case of a non-EU national, an individual comparable to a non-EU national or a family member of the same.

4.4 Obligations of general contractors and shipyard operators

The general contractor or other project supervisor of the construction site and the employer exercising the main authority in a shipyard must ensure that foreign workers working in the area have the right to work. They are also required to keep records of the grounds for employees’ right to work. (Section 82(5) of the Aliens Act)

The inspector supervises that the general contractor and shipyard operator have verified the right to work of all foreign employees working in the area and have retained information on the grounds for their right to work.

4.5 Minimum terms of employment

4.5.1 Principal terms of employment

An employment contract can be concluded in writing, electronically or orally. If the employment contract is concluded orally, the employer must give the employee a written statement of the principal terms of employment. The terms that must be stated in the employment contract or written account are listed in Chapter 2, section 4 of the Employment Contracts Act.

The inspector supervises that the employer has given the employees the principal terms of employment in writing in the situations stipulated in the Employment Contracts Act. The inspector also ensures that the terms are compliant with the Employment Contracts Act.

4.5.2 Terms of pay and other minimum terms, provision of pay slips

The inspector supervises that employers comply with the terms of pay and other minimum terms of universally binding collective agreements. There are separate enforcement guidelines on the supervision of employment relationships, which are also applicable to the supervision of the use of foreign labour.

In the supervision of pay and compliance with collective agreements, the occupational safety and health authority supervises both employers who are members of employers’ associations and those who are not. However, if the inspector notices shortcomings in pay or compliance with the collective agreement in the inspection of an employer who is a member of an employers’ association, the inspector does not issue written advice or improvement notices on those matters in the inspection report, and instead informs at least the employers’ association of the relevant collective agreement so that the association can ensure that the shortcomings are rectified.

The Collective Agreements Act requires the contracting associations to supervise their subordinate employers and employees who are party to or otherwise tied to the collective agreement. The employers’ association is therefore responsible for supervising that the employer complies with the collective agreement within the scope of normal applicability of the Collective Agreements Act.

The occupational safety and health authority is required to supervise the prohibition of discrimination even when it comes to employers who are members of an employers’ association. If the inspector suspects that the employer has violated the prohibition of discrimination under section 8 of the Non-Discrimination Act, they will issue written advice or an improvement notice on the matter.

Information on pay is compared to the wage level specified in generally binding collective agreements. If an employment relationship is not subject to a universally binding collective agreement or a collective agreement that is binding under the Collective Agreements Act, and the employer and the employee have not agreed on remuneration for the work, the employer must pay the employee normal and reasonable wages for the work performed by the employee (Chapter 2, section 10 of the Employment Contracts Act).

When inspecting wages, the investigation has to include compensation for specific working hours, such as Sunday work and overtime compensation, and particularly compensation stipulated in collective agreements, such as compensation for the reduction of working hours, working hours adjustment supplements and evening and night work bonuses. If necessary, the inspector also supervises the correctness of annual holiday pay and holiday compensation.

When the employer pays an employee, the employer must provide the employee with a pay slip with a calculation showing the amount of the pay and the grounds for determining it (Chapter 2, section 16 of the Employment Contracts Act). If the employer has paid the wages in cash, the employer needs to have a receipt signed by the employee or some other account verifying the payment.

4.5.3 Organisation of working hours and working hours documents

Regular working hours are a maximum of eight hours per day and 40 hours per week (section 5 of the Working Hours Act). The inspector supervises that

• the working hours have been arranged in accordance with the Working Hours Act or the universally binding collective agreement applicable to the employment relationships
• the working hours documents of the workplace have been drawn up in accordance with the Working Hours Act.

The most important working hours documents are records of working hours, shift rosters and annual holiday records. If the workplace uses a non-standard working hours arrangement, such as a working time bank, this must be agreed with the employees or their representatives. More detailed information on different working hours arrangements is in the collective agreement. Non-standard working hours arrangements must almost always be agreed in writing.

4.6 Work discrimination and prohibition of discrimination

In the supervision of the use of foreign labour, the inspector is tasked with assessing the fulfilment of the minimum terms of employment from the perspective of equality and work discrimination. Separate enforcement guidelines have been drawn up on the supervision of equality and work discrimination, which also apply to the supervision of the use of foreign labour.

Discrimination is unequal treatment for a reason prohibited by the Non-Discrimination Act. Work discrimination or extortionate work discrimination referred to in the Criminal Code often manifests as wages that are too low, working hours that are in violation of regulations and the employer not paying compensation related to specific working hours. In that case, the inspector investigates documents such as the record of working hours and pay slips and then determines whether the employer has treated employees unfavourably in the payment of wages and other minimum terms, for example on the basis of their origin, nationality or language.

In extortionate work discrimination, the employer puts the employee in a considerably inferior position by taking advantage of the employee’s financial or other distress, dependent position, lack of understanding, thoughtlessness or ignorance.

4.7 Extortion and fraud

The underpayment of foreign labour may involve labour exploitation and crime, even if the provisions on work discrimination, extortionate work discrimination or human trafficking were not applicable.

The aim of provisions concerning extortion is to prevent a contracting partner from financially exploiting a person in distress or otherwise in a weaker position in a contractual relationship. Extortion and extortionate work discrimination are more serious crimes than ordinary work discrimination. The most serious of these is extortionate work discrimination.

To meet the characteristics of extortion, an offence does not need an element of discrimination and therefore a comparison with other groups or persons. Extortion is when an employer gains financial advantage by exploiting the employee’s weaker position. To fulfil the statutory definition of an offence, the requirement is that the performance of work has been agreed between the employer and the employee and that there is a clear disparity between the financial benefit received by the employer and the employee’s reciprocal performance (work performance).

In the case of employee exploitation based on serious underpayment, the criteria for aggravated extortion may be met. Provisions on aggravated extortion are laid down in Chapter 36, section 7 of the Criminal Code, and provisions on extortionate work discrimination are laid in Chapter 47, section 3a of the Code. The statutory definitions of these offences are quite similar, but aggravated extortion does not require an element of discrimination. In other words, the definition of aggravated extortion may be met in cases where there is no discrimination and therefore the definition of extortionate work discrimination is not met.

If an employee has clearly been misled about the terms of employment, it may constitute fraud. This may be the case, for example, if the employee has been promised wages for work but none have been paid. In other cases, the underpayment of wages must be approached as extortion or extortionate work discrimination.

4.8 Other matters included in supervision

4.8.1 Provision of occupational health care

The inspector supervises that the employer has provided statutory occupational health care for their employees in the manner provided in the Occupational Health Care Act. Arranging medical services is voluntary for the employer, and they are not included in the statutory occupational health care services supervised by the occupational safety and health authority. Still, statutory occupational health care does include medical examinations due to a work-related illness. If an employer provides medical services for their employees, the services must be arranged so that the requirements for equal treatment of employees are taken into account.

4.8.2 Accident insurance

The inspector supervises that the employer has taken out statutory occupational accident and disease insurance for their employees. The occupational safety and health authority notifies the Finnish Workers’ Compensation Centre if there is reason to suspect that an employer has not fulfilled their insurance obligation.

4.9 Human trafficking

The most common form of human trafficking observed by the occupational safety and health authority is labour trafficking, which means bringing people to forced labour or to other conditions that violate human dignity. Other forms of trafficking include sex trafficking, forced marriage, exploitation in begging or criminal activities, trafficking human organs and tissue, and benefit fraud, which is human trafficking related to various benefits.

Labour trafficking includes forced labour where victims are misled or compelled by exploiting their dependent status or vulnerability into working in circumstances that are degrading to human dignity. The victims of labour trafficking are often foreign employees, but in principle, anyone can be a victim of human trafficking regardless of their nationality or gender.

In labour trafficking, the statutory definitions of extortionate work discrimination and human trafficking are very similar. A situation is close to human trafficking if workers are required to work for very little pay or in demeaning conditions. However, it should be noted that extortionate work discrimination is work discrimination where the shortcomings are only related to the terms of employment and working conditions. On the other hand, human trafficking is a crime against freedom where the perpetrator comprehensively controls the victim’s life. Still, human trafficking does not require that the employee is locked at the workplace. The forms of control in human trafficking are often subtle and based on the victim having no choice but to continue working at the workplace despite poor conditions. In human trafficking, the perpetrators take advantage of the employee’s dependent status and vulnerability, which have been caused by things such as an obligation to a debtor, a debt taken in their home country, a family relationship, an apartment provided by the employer or matters related to a residence permit.

The occupational safety and health authority is required to notify the police of human trafficking and aggravated human trafficking (section 50 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces). The notification obligation only applies to situations where the employer has violated the minimum terms of employment or the provisions on the safety and health of work.

If an inspector encounters potential victims of human trafficking during a workplace inspection or in other contexts, the potential victims must be directed to the system for assisting victims of trafficking. The situation of a potential victim of human trafficking must be investigated urgently so that the matter is brought to the system for assisting victims of trafficking as soon as the necessary information has been received from the suspected victim. When necessary, the occupational safety and health authority enters a proposal on behalf of the victim requesting access to the assistance system. Directing someone to the assistance system requires the consent of the victim.

An important collaborator in situations related to human trafficking and related offences is Victim Support Finland. Victim Support Finland has a special support service whose employees specialise in providing advice and assistance to victims of human trafficking and related crimes. For more information, see Victim Support Finland's website.
 

5. Inspection Report

The inspector prepares an inspection report on the inspection without delay in accordance with the general enforcement guideline. The inspection report must indicate the course of the inspection and the key observations made by the inspector during the inspection for which the inspector is issuing written advice or improvement notices.

If the inspection has been carried out as a joint inspection with other authorities, that fact is noted in the inspection report. If an interpreter was used during the inspection, information on the use of the interpreter and the name of the interpreter service used is added under ‘Other matters covered’ in the inspection report.

In accordance with the Language Act, the inspection report is prepared in Finnish or Swedish. If the obligated party is a foreign citizen, the essential content of the inspection report must be translated into a language understood by the party. The result is an unofficial translation.

The inspection report is sent to the obligated party. The inspection report is sent for information in accordance with the general enforcement guideline. Other distribution can be agreed with the employer.

In the supervision of the use of foreign labour, multi-authority cooperation requires that other authorities are informed of supervision that has been carried out. In this case, the preparation of an inspection report is justified even if the employer does not have any employees at the time of the inspection.

5.1 Obligations issued to the employer

The inspector must describe any observed deficiency or other non-compliant condition at a sufficiently concrete level and issue written advice or improvement notice with an explanation of the level required by legislation that the employer must reach. The issuing of obligations is described in more detail in the general enforcement guideline.

5.1.1 Written advice

Written advice is issued to correct minor and individual deficiencies when the employer fails to meet the minimum standards of legislation. For written advice, a deadline is set only based on special consideration. A deadline is mainly set in matters that can be cause for a subsequent improvement notice.

In some of the legislation enforced by the occupational safety and health authority, written advice is the only available means to remedy a deficiency or defect. In the supervision of the use of foreign labour, these matters are related to obligations laid down in the Aliens Act and the amount of other compensation, the organisation of working hours, maximum working hours, rest periods under the Working Hours Act and the arrangement of occupational accident and disease insurance.

Verifying the right to work
If the employer has neglected to verify the right to work and an employee does not have the right to work, the inspector issues written advice on verifying the right to work. Written advice can be issued to the employer, the contractor, the general contractor of a construction site and the employer exercising the main authority in a shipyard.

Obligation to retain information
If the information kept at a workplace is incomplete or completely missing, the inspector issues written advice. Written advice can be issued to the employer, the contractor, the general contractor of a construction site and the employer exercising the main authority in a shipyard.

Notification to the Finnish Immigration Service and employee representative
If the employer has failed to submit a notification to the Finnish Immigration Service (starting in 2025, until the end of 2024 to the TE office), the inspector issues written advice on compliance with the obligation in question laid down in the Aliens Act. Written advice on providing information to a personnel representative can be issued to both the employer and the contractor.

Principal terms of employment
If there are shortcomings in the written terms or employment contracts given to the employees, written advice is issued.

Pay and other minimum terms
In the case of minor deficiencies, an employer who is not a member of an employers’ association is issued written advice requiring the employer to comply with the provisions of the universally binding collective agreement for the sector as minimum terms of employment or to pay normal and reasonable wages if there is no generally applicable collective agreement and the employer and the employee have not agreed on remuneration for the work.

Provision of pay slips
If the inspector notices minor deficiencies in a pay slip in the grounds for determining pay, written advice is issued to the employer.

Organisation of working hours
If the employer has not complied with the regulations on the determination of working hours, the inspector issues written advice.

Working hours documents
If there are minor shortcomings in the working hours documents, the inspector issues written advice.

Accident insurance
If the employer has not taken out accident insurance for their employees, the inspector issues written advice to the employer, and the occupational safety and health authority notifies the Finnish Workers’ Compensation Centre of the negligence.

5.1.2 Improvement notice

An improvement notice is issued if the hazard or harm caused by the non-compliant condition is greater than negligible. The inspector can issue an improvement notice in matters referred to in section 13, subsection 3 of the Enforcement Act. In addition, the inspector can issue an improvement notice in a case where an employer has not complied with written advice issued during a previous inspection. Even in this case, an improvement notice can only be issued on matters referred to in section 13, subsection 3 of the Enforcement Act.

The improvement notice is issued to the employer.

The improvement notice must specify a deadline by which the employer must make the conditions compliant if doing so is not immediately possible. The improvement notice must be issued and recorded in the inspection report even if the employer corrects the non-complying conditions during the inspection.

Request for information
If the inspector cannot inspect some information at the workplace, but the information does exist, an improvement notice is issued where the inspector advices the employer to supply the information to the occupational safety and health authority on the basis of the right of access to information laid down in the Enforcement Act.

Shift roster, record of working hours and working hours adjustment plan
If the shift roster, record of working hours or working hours adjustment plan are missing or major deficiencies are observed in them, the inspector issues an improvement notice to the employer to prepare the working hours documents in accordance with regulations.

Principal terms of employment
If the principal terms of employment are not stated in the written employment contract, the inspector issues an improvement notice to the employer to provide the employee with a written account of the principal terms of employment.

Pay and other minimum terms
In the case of non-minor deficiencies, an employer who is not a member of an employers’ association is issued written advice requiring the employer to comply with the provisions of the universally binding collective agreement for the sector as minimum terms of employment or to pay normal and reasonable wages if there is no generally applicable collective agreement and the employer and the employee have not agreed on remuneration for the work.

Provision of pay slips
If the employer has not provided the employee any pay slips, the inspector issues written advice to the employer to provide pay slips.

Prohibition of discrimination at the workplace
Written advice on the prohibition of discrimination is described in more detail in the enforcement guideline on discrimination.

Occupational health care
If the employer has not arranged occupational health care, an improvement notice is issued.
 

6 Monitoring and reporting to the police

6.1 Follow-up supervision

In follow-up supervision, the inspector ensures that the employer has complied with the issued improvement notices within the set deadline. The general enforcement guideline describes how compliance with written advice and improvement notices is supervised.

In the supervision of the use of foreign labour, multi-authority cooperation requires that other authorities are informed of follow-up supervision that has been carried out. In this case, the preparation of an inspection report is justified even if the employer is not issued any obligations and the matter is found to be in order.

If the employer does not comply with the improvement notice, the inspector refers the matter to the occupational safety and health authority for administrative decision-making (obligating decision). The occupational safety and health authority consults the parties concerned before making a binding decision. The occupational safety and health authority can impose a conditional fine to enforce a binding decision.

If the employer does not comply with the improvement notices they have received, the following matters can be referred to administrative decision-making in the supervision of the use of foreign labour:

• shift roster, record of working hours
• principal terms of employment
• provision of pay slips
• pay
• prohibition of discrimination at the workplace
• occupational health care
• request for information.

6.2 Reporting to the police

Pursuant to section 50 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces, the occupational safety and health authority is obligated to file a report with the police if it has probable grounds for suspecting that an act has been committed that is punishable under any legislation enforced by the occupational safety and health authority or under the following sections of the Criminal Code of Finland (39/1889): Chapter 25, section 3 or 3a, Chapter 44, section 1, subsection 1, paragraphs 3 or 8 to 10, or Chapter 47. A report need not be filed if the act can be considered insignificant in view of the circumstances, and no public interest requires that a report is filed.

The occupational safety and health authority must file a report with the police for pre-trial investigation if there are probable grounds for suspecting that an act has been committed that is punishable under Chapter 36, section 1 (fraud), section 2 (aggravated fraud), section 6 (extortion) or section 7 (aggravated extortion) of the Criminal Code. The reporting obligation only applies to acts violating the legislation enforced by the occupational safety and health authority.

In the supervision of the use of foreign labour, it mainly involves the following actions:

• use of unauthorised foreign labour
• violation of the Aliens Act
• employer’s violation of the Aliens Act
• work discrimination
• extortionate work discrimination
• human trafficking or aggravated human trafficking
• fraud or aggravated fraud
• extortion or aggravated extortion
• working hours violation
• working hours protection offence
• neglect of occupational health services.

Section 85 of the Aliens Act also contains provisions on the occupational safety and health authority’s reporting obligation and consultation in criminal matters related to the employment of foreign workers (use of unauthorised foreign labour, violation of the Aliens Act and employer’s violation of the Aliens Act).

In a pre-trial investigation report, the occupational safety and health authority must describe their understanding of the name of the criminal offence for the supervised provision and for drawing the line between offences. In cases related to labour exploitation, significant elements are a general estimate of the amount of unpaid wages and a benefit calculation of other neglected occupational safety and health obligations. They must be described in the pre-trial investigation report. When necessary, the occupational safety and health authority can request a statement on the determination of pay from the contracting parties of a collective agreement.

Pursuant to the Criminal Investigation Act, tasks of the police include investigating whether there is a possibility to implement the confiscation of losses. The police or prosecutor may also request assistance from the occupational safety and health authority. In addition, the occupational safety and health authority can give the police and prosecutor advice on the basis for calculating pay and guide them to request the help of the labour organisations of the sector in making the calculations.

The name of an offence for a case that goes to court is based on the pre-trial investigation by the police and the consideration of charges by the prosecutor.
 

7. Notifications to other authorities

The inspector must notify the Finnish Workers’ Compensation Centre without delay of any non-compliance with the accident insurance obligation.

The occupational safety and health authority must cooperate with the Finnish Immigration Service in the supervision of third-country nationals residing in Finland illegally (Chapter 11a of the Employment Contracts Act). In practice, the occupational safety and health authority can notify the Finnish Immigration Service of employers who have employed foreign persons referred to in the Aliens Act as third country citizens residing in Finland illegally, which the authority has observed in connection with the supervision of the use of foreign labour. However, reports of unauthorised work are primarily filed with the police. If a report is filed with the police, it should mention that it may involve the application of Chapter 11a of the Employment Contracts Act.
 

8. Cooperation and expert activities

Key stakeholders in the supervision of the use of foreign labour include various authorities, labour market organisations and Victim Support Finland. By sharing information and providing training on the supervision of the use of foreign labour, the occupational safety and health authority aims to prevent the grey economy and labour exploitation.

Inspections of the use of foreign labour are carried out in cooperation with the police, the Border Guard, the Finnish Tax Administration and the Finnish Centre for Pensions. If necessary, it is possible to invite a fire inspector, building inspector or health inspector or a representative of Customs for joint inspections.

Additionally, supervision activities must be carried out in close cooperation with the work permit services of the Finnish Immigration Service. Inspection reports are recorded in the employer register of the Register of Aliens. Any victims of human trafficking are directed to the system for assisting victims of trafficking.

The occupational safety and health authority can provide information to Tax Administration when it suspects undeclared work or cases where an employer neglects to pay taxes, and to the Finnish Centre for Pensions when it suspects neglect in pension insurance. This is made possible by the Enforcement Act. Suspected undeclared work can also be reported to Kela.

For the purpose of supervising the use of foreign labour, the occupational safety and health authority has the right, notwithstanding secrecy provisions and other restrictions on access to information, to receive information that it necessarily requires in order to target supervision or, in an individual enforcement case, to supervise the use of foreign labour:

1. from an authority referred to in section 4, subsection 1, paragraphs 1, 4 and 7 of the Act on the Openness of Government Activities
2. from the Finnish Centre for Pensions, the Employment Fund and the Finnish Workers’ Compensation Centre
3. from the pension institution and accident insurance company to the extent that the information can be disclosed with a compliance report referred to in the Act on the Grey Economy Information Unit.

In the supervision of the use of foreign labour, the occupational safety and health authority has the right to receive:

• compliance reports produced by the Grey Economy Information Unit
• information from the Finnish Tax Administration’s Incomes Register
• construction notifications to the Tax Administration, which include worksite-specific information on companies and their employees working at each site.

Enquiries on the validity of the statutory occupational accident and disease insurance can be addressed to the Finnish Workers’ Compensation Centre’s insurance register at [email protected].
 

9. Period of validity

This enforcement guideline is valid until further notice.