Lähetetty työntekijä - Tietojen säilyttäminen - Yleistä

It is the responsibility of the posting company to keep available information concerning the company and the posted workers during the entire posting in Finland. Information may be requested for an occupational safety and health inspection. In practice, communications from the authorities will be handled via a representative appointed in Finland.

Information to be kept available

The posting company shall keep available the following information in writing during the entire posting in Finland:

  • identifying details and responsible persons of the posting company;
    • the registered and official name of the company, business ID, registration number with the authorities in the country of origin (if any), address in the country of origin and responsible executives in the home country
  • identifying details of the posted worker;
    • name, personal identity number (if any), and age and professional qualifications in the case of work duties where a specific age and qualifications are required
  • an explanation of the posted worker’s right to work;
  • information on the posted worker’s terms and conditions of employment.

The statement on the terms of employment must include information at least on the following:

  1. employer, employee and their domicile or business location
  2. work start date
  3. the date or estimated date of termination of any fixed-term employment contract and the grounds for specifying a fixed term, or notification that the contract is a fixed-term employment contract with a long-term unemployed person as referred to in chapter 1, section 3a,
  4. trial period
  5. the place where the work is to be performed or, if the employee has no primary fixed workplace, an explanation of the principles under which the employee will work in various work locations or is free to determine their workplace
  6. employee’s principal duties
  7. grounds for determining pay and other remuneration, and the pay period
  8. working hours to be observed
  9. for employees with variable working hours:
    1. in what circumstances and to what extent the employer requires labour
    2. days and times of the week during which the employer may commission work in accordance with Section 30a of the Working Hours Act (872/2019) without the employee’s consent for each occasion;
  10. in temporary agency work:
    1. the name and business location of the user company when they are known
    2. details on the reason for and duration or estimated duration of the user company’s order, based on the customer contract forming the basis for the fixed-term employment contract
    3. estimate of other tasks that are available with the employer and correspond to the fixed-term temporary agency worker’s employment contract
  11. any right to training provided by the employer based on legislation, agreement or practice
  12. grounds for determining annual holidays
  13. period of notice or the basis for determining it
  14. collective agreement applicable to the work
  15. the insurance institution with which the employer has arranged the employee’s pension cover or insured the employee for occupational accidents and occupational diseases
  16. in work abroad lasting at least one month
    1. the country or countries where the work is carried out, the duration of the work, the currency in which the monetary pay is to be paid, the monetary compensation paid abroad, fringe benefits and the terms for the repatriation of workers
    2. the wages to which the posted worker within the meaning of Directive 96/71/EC of the European Parliament and of the Council concerning the posting of workers in the framework of the provision of services is entitled to in accordance with the applicable legislation or generally applicable collective agreement of the host Member State, any bonuses payable for posting if needed, and arrangements for reimbursing travel, accommodation and meal costs.
A receipt of the wages paid verifies that they have been paid.

If the duration of the posted worker’s posting is more than ten days, the posting company must have available in writing during the entire posting in Finland:

  • a record of working hours;
  • payslip, and
  • document issued by a financial institution of the wages paid.

The information must be available for immediate use, but they may be kept in electronic form. The information may be kept available in the original language. The information must be translated into Finnish, Swedish or English if the occupational safety and health authority requests a translation. The occupational safety and health authority may request a translation when supervision is not possible on the basis of documents that are in the original language.

The information must be submitted to the occupational safety and health authority without delay. In practice, “without delay” means that it must be possible to provide the information within seven days from the time the occupational safety and health authority requests it. If the information is not submitted to the occupational safety and health authority within one week of the request, the posting company may be obliged to pay a negligence fee.

Information must be kept for two years after the posted worker’s work in Finland has ended. Information can be stored abroad, but the information must be forwarded without delay to the authorities upon request.

The posting company must notify the contractor before the work begins in Finland who is in possession of the aforementioned information during the posted worker´s posting.

Should the posting company not have the required information available, it will be obligated to pay a penalty fee for negligence.

Provision of information to the contractor

The posting company must give the contractor a certificate of the determination of social security for those posted workers who begin their work after the start of the work specified in the agreement. However, said certificate must be supplied before the later-starting posted workers begin their work. The certificate of fulfilment of the obligation must be retained for the duration of the work.

The provision of information concerns the posting of workers as subcontracting or temporary agency work. The information referred to above does not have to be provided if the value of the subcontracting agreement is less than EUR 9,000 (ex VAT) or if the temporary agency work of the posted workers lasts for no more than 10 working days. Several fixed-term employment contracts running back to back or with only brief interruptions are considered continuous employment.

Provision of information to a staff representative

With the consent of the posted worker, the posting company must provide the shop steward or the elected representative with the terms and conditions of employment terms applicable to the posted worker´s employment contract. This information must be given when the duration of the posting exceeds 10 working days.