The Act on Posting Workers also applies to work carried out in Finland by an employee whose admission to Finland is based on the Act on the Conditions of Entry and Residence of Third-Country Nationals in the Framework of an Intra-Corporate Transfer (908/2017). Under the aforementioned Act, an ICT residence permit may be granted to an employee.

Minimum terms of employment

For a posted worker with an ICT residence permit, the minimum terms of employment, with the exception of pay, are determined in the same way as other posted workers. Applicable provisions of the Act on Posting Workers include working hours, annual leave, additional terms for long-term posting, travel and accommodation allowance and accommodation conditions.

Pay is determined in the same way as for other posted workers: as a rule, by the generally applicable collective agreement for the relevant sector or by the employer’s membership in an employers’ organisation or the employer having signed a contract to comply with a collective agreement. However, if the provisions on remuneration in the aforementioned collective agreements do not apply to the employment relationship, pay will be determined on the basis of the wage level applied to corresponding work in the receiving company. If there are no corresponding employees in the receiving company, the employee must be paid at least normal and reasonable pay.

Employer’s obligations

The employer’s obligations are determined by the Act on Posting Workers with the following exceptions:

• The employer’s representative in Finland is considered to be the receiving unit of the employee in Finland. This means that a separate representative appointed in Finland is not needed.
• The responsibility for keeping information available is shared by the employer and the receiving unit. A negligence fee for neglecting to keep information available may only be imposed on either the employer or the receiving unit.
• For an employee posted on the basis of an internal transfer, there is no need to submit a separate notification of the posting of workers because a separate mobility notification for such an employee is submitted to the Finnish Immigration Service.

Right to work and mobility notification of an ICT residence permit holder

A third-country national who has received an ICT residence permit from another EU country has the right to reside and work in Finland in a unit established in Finland belonging to the same group of companies for a maximum of 90 days in any 180-day period.

As the employer’s representative, the receiving unit must submit a mobility notification to the Finnish Immigration Service. The processing time of a mobility notification at the Finnish Immigration Service is 20 days. If the Finnish Immigration Service decides to oppose the mobility within 20 days, the work may not be started and any work that has already been started must be stopped immediately.

For more information about the mobility notification for an ICT permit holder, visit the website of the Finnish Immigration Service, page Mobility notification for persons with ICT residence permit. Questions concerning mobility notifications should be addressed to the Finnish Immigration Service.