Lähetetty työntekijä - Pitkäkestoinen lähettäminen

Long-term posting means work lasting for a minimum of 12 months. In the future, long-term postings to Finland, i.e. those lasting at minimum 12 months, will be subject not only to mandatory employment conditions as defined in the Act on Posting Workers, but also to additional terms of employment. For more information about the additional terms, see the page Terms of employment for long-term posting.

This will ensure equal treatment of posted workers in the country of work in relation to local employees.

Cases of long-term posting 

The obligation to apply the additional employment conditions for long-term posting applies to all cases of posting.

Long-term posting refers to work lasting more than 12 months, after which the posted worker's employment relationship must also be subject to other than mandatory employment conditions. 

At the justified request of the posting company, the 12-month limit of work may be extended to a maximum of 18 months. In this case, the application of the additional employment conditions will only begin after the notified extension if the posting continues in the same work at the same workplace. 

The calculation of the time limit will take into account actual work, which refers to actual working hours in Finland, paid leave and sick leave. When determining the fulfilment of the long-term posting time limit of at least 12 months, the durations of several posting periods shall be added together if the posting employer replaces the posted worker with another posted worker performing the same work in the same place of work. In the event of a replacement, the duration of the posting period shall be the total duration of the posting periods of the individual posted workers concerned. In other words, long-term posting will not be assessed on an employee-by-employee basis. 

It is good for the employer to have a monitoring system in place that allows for the calculation of the fulfilment of the time limit for the working time in situations where workers are replaced.

At the justified request of the posting company, the 12-month limit may be extended to a maximum of 18 months. The request is made by filling in the online form Notification of an extension to the duration of posting. For more information, see the page Notification of extension of duration of posting.

Notification to posted worker

The posting company, as an employer, has the obligation to inform the poster worker if the same task in the same workplace has been previously performed by a posted worker. The employer must also state how long the posting period of the previous employee or employees has lasted.

Annual leave, Independence Day and May Day

In addition, the provisions of the Annual Holidays Act concerning the granting of annual leave and the acts on celebrating Independence Day as a public holiday and the arrangement of May Day as a holiday for employees in certain cases shall apply. 

According to the act on celebrating Independence Day as a public holiday, despite the suspension of work, the employee must be paid a salary equivalent to a full working day for Independence Day if it had otherwise been a working day. 

The entitlement to pay on May Day and midweek holidays is determined on the basis of the provisions of the collective agreements applicable to the work.

SDG_EN


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