The Act on Posting Workers is not applied to transport services in Finland in the following situations:

• Bilateral transport of goods
  Where the transport involves up to one loading and/or unloading in different countries, provided that the driver does not carry out both operations in the same country. The driver may also unload and/or load up to two times during the transport when returning to the country of establishment, as long as the unloading and loading are not carried out in the same country.
   
• Bilateral passenger transport
  Where the transport of passengers includes up to one on-boarding or off-boarding of passengers in a different country. In addition, it is a requirement that the driver does not provide passenger transport services in the country through which he drives.
   
• Transit transport through Finnish territory
  The transports cannot include loading or unloading goods or on-boarding or off-boarding passengers.
   
• Road sections at the start and end of combined transport
  The driver has started the transport in the state where the undertaking providing the transport service is established. In addition, the road section driven by the driver constitutes a uniform transport between two ends.

When a driver is posted for subcontracted transport, a notification has to be made in the EU’s Road Transport Posting Declaration portal.

Submit a notification in the EU portal

The notification shall include:

• operating permit number issued to the carrier
• contact details of the carrier’s competent person-in-charge or other contact person of the carrier in the posting country for responding to official enquiries and receiving documents or notifications
• personal data needed to identify the driver, personal identity code, address of the place of residence and driving licence number
• start date of the driver’s employment contract and the legislation applicable to the contract
• planned start and end date of the posting
• information on the registration numbers of the motor vehicles used
• information on whether the service is the transport of goods or passengers, international transport or cabotage.

If the notified information changes, a requirement for the work to continue is that the carrier submits a supplementary notification in the EU portal as soon as such changes occur. Should the posting undertaking neglect its notification obligation, it will be obligated to pay a negligence fee.

It should be noted that the notification is submitted directly to the occupational safety and health authority when a driver is posted to Finland in intra-group transfers and temporary agency hires.

Read more about notifications.

If a driver is stopped during transport for a control check, they have to be able to present the following documents: 

• copy of the notification of posting (notification made in the EU portal)
• proof of the transport service in Finland (consignment note)
• tachograph data.

This information must be available either on paper or electronically. Should the posting undertaking neglect the obligation to have the required information available during the transport, it will be obligated to pay a negligence fee.

Roadside checks for transport control are the responsibility of the police, customs and border authorities.

An employer subcontracting road transport services must provide the occupational safety and health authority with the following information when requested: 

• the employee’s working time records of work carried out in Finland
• certificate of payment of wages
• information on the terms of employment applicable to the employment relationship 
• information on the transport service in Finland (consignment note)
• tachograph data
• statement of the grounds for the posted worker's right to work. 

The information must be provided after the end of the transport if requested by the occupational safety and health authority. In that case, the response is sent via the EU portal no later than eight weeks after the request has been made. 

Should the posting undertaking neglect its obligation to provide information after the transport, it will be obligated to pay a negligence fee.

The occupational safety and health authority may impose a negligence fee on the posting undertaking acting as the employer if:

• no notification of the posting of workers has been made in the EU portal
• the above-mentioned documents and information have not been available during a roadside check
• documents have not been submitted regardless of a request by the occupational safety and health authority.

Read more about the negligence fee.