The main/general contractor of a construction site and the builder have special obligations under the Act on Posting Workers when there are posted workers at the construction site. The builder refers to an individual or organisation who undertakes a construction project or directs or supervises a construction project. The main contractor or the general contractor, however, refers to a contractor in a contractual relationship with the builder who is appointed as the main contractor and responsible for worksite management obligations.

The main contractor of a construction site and the company exercising main authority at a shipyard are also subject to the obligation to verify the right to work of foreigners.

Verifying the right to work at a construction site or shipyard

At a construction site, the main contractor or other general contractor must verify that all foreigners working at the site have the right to work. The employer exercising primary control over a shipyard area must also ensure that all foreigners working in the area have the right to work. In addition, information on the right to work must be kept for two years after the end of the work.

Responsibility of the builder and the main contractor in construction work

A posted worker can notify the builder or main contractor of a deficiency in the payment of wages. If a posted worker submits such a notification, the main contractor and the builder are obliged to investigate the matter as follows:

• immediately send the employer of the posted worker, i.e. the posting company, a request for clarification on the wages paid and whether the pay complies with the legal requirements and
• submit the request for clarification and the report received from the employer to the worker and, at the worker’s request, to the occupational safety and health authority.

The builder or the main contractor must keep the request for information and received report for two years following the end of the work.

Negligence fee for the builder and main contractor in construction work

A negligence fee may be imposed on a builder or main contractor if the builder or main contractor

• fails to request information from the posting company on the pay of a posted worker when the posted worker has notified them of a deficiency in the payment of wages
• fails to submit the aforementioned report to the occupational safety and health authority at the worker’s request.

Deficiencies in pay may occur in situations where a posted worker has not been paid the minimum pay required by the Act on Posting Workers.

A posted worker may direct their notification to either the builder or the main contractor. If the notification is directed at both parties, both parties are obliged to take action to investigate the matter, but they may agree on which one will fulfil the obligation.