Applicable legislation (In accordance with the contexts of the old law)
Posted worker - Applicable legislation - Alisivu
Note! Guidelines in accordance with the contexts of the new law can be found here.
The Posted Workers Act applies to posted workers. In addition, the following Acts and provisions apply to posted workers as is:
- Occupational Safety and Health Act,
- Occupational Health Care Act, and
- Young Workers’ Act.
The provisions on working hours, annual holiday and occupational safety in universally binding collective agreements must also be complied with in the employment relationships of posted workers.
Under the Posted Workers Act, the following provisions shall apply to posted workers:
- the Working Hours Act, sections 22–25 and 33(2–3), and the Work in Bakeries Act, section 5 (as regards compensation and higher rates of pay on the grounds of working hours),
- the Working Hours Act, sections 6–14, 16–21, 26–32 and 33(1) (as regards compliance with the prescribed work and rest periods),
- the Working Hours Act, sections 34, 35, 36, 37 and 37a (as regards records of working hours),
- the Annual Holidays Act, sections 5–19 and 29 (as regards the determination of annual holidays, annual holiday pay, holiday bonuses and annual holiday records),
- the Employment Contracts Act, chapter 2 sections 11–12 and chapter 13 section 5 (as regards the determination of pay and employee housing),
- the Employment Contracts Act, chapter 4 sections 2, 8 and 9 (as regards provisions concerning family leave),
- the Employment Contracts Act, chapter 1 section 9, chapter 2 section 2(1–2) and chapter 13 sections 1–2,
- the Act on Equality between Women and Men, sections 6, 7, 8, 8a, 8d, 9 and 9a, and
- the Non-Discrimination Act, sections 7(1), 8, 9, 10, 12, 13–16 and 28.
Exceptions to the application of the Act
The Posted Workers Act does not apply to the seagoing personnel of merchant navy undertakings.
Any party who in a court of law claims that a posted worker’s employment contract is governed by the legislation of another country must present evidence of the content of such applicable legislation. The legislation applicable to a posted worker’s employment contract is determined according to the Convention on the Law applicable to Contractual Obligations (Finnish Treaty Series 30/1999) and the Rome I Regulation.
The provisions of the Posted Workers Act concerning minimum paid annual holiday and holiday pay do not apply to initial assembly or first installation of goods carried out by a skilled or special worker where:
- this is an integral part of a contract for the supply of goods,
- this is necessary for taking the goods supplied into use, and
- the period of posting does not exceed eight days.
When the duration of a worker's posting is calculated with regard to the eight-day limit, all periods within the past 12 months during which such work has been carried out by a worker posted by the same employer shall be taken into account.However, this exception does not apply to construction work, such as construction, repairs, renovation, structural conversion or demolition. Such work further includes digging, earth moving, installation and uninstallation of prefabricated components, and any equipping, installation, alteration, dismantling, maintenance, upkeep, painting, cleaning and improvement work.