Lähetetty työntekijä - Ilmoitusvelvollisuus
Before the work begins in Finland, the posting company must submit a notification of the posting of workers to the OSH authorities. The reporting duty is fulfilled by filling this electronic form.
The notification may be given immediately when the contract on posting workers has been concluded, but latest before the work agreed upon in the contract starts.
Content of the notification
The notification must contain:
- Identifying details of the company, contact information, foreign tax identification number and information on the responsible persons of the posting company in the country where the company is established
- Identifying details and contact information of the contractor
- Identifying details and contact information of the builder and the main contractor for companies in the construction sector
- Personal data necessary to identify each posted worker: personal identification number, tax identification number of the country of residence and, in the case of construction work, the tax number issued by the Tax Administration in Finland, as well as the start and end time or estimated end time of the posting
- Identifying details and contact information of the postings company´s representative in Finland or information indicating why a representative must not be selected
- Place or places where the work will be carried out
- Branch in which the worker will work.
Exemption for transfers within a company
Reporting is not needed when workers are transferred within the company for a maximum of 5 days, except when the company operates in the construction sector. In the construction sector there are no exception from this duty. When determining the duration the posting period and all previous posting periods (working time) for the last four months during which workers of the same posting company have been working in Finland will be taken into account.
Every day when one or several posted workers carry out work in Finland is considered posting. The months are calendar months. All those periods, during which one or more workers have been transferred inside the same company and have been carrying out work in Finland with one or more contractors, will be taken into account.
Submitting a notification is also not necessary if a third-country national is posted to Finland on the basis of an internal transfer in an international company. A separate mobility notification for such an employee is submitted to the Finnish Immigration Service. For more information, see the page Workers posted to Finland on the basis of an internal transfer in an international company.
If the information that has been notified changes substantially, a requirement for the work to continue is that the posting company submits a supplementary notification as soon as such changes occur. A substantial change means, for example:
- a change of contact details
- a change of representative
- a change to the place of work (same contractor)
- a change to the worker or the duration of the posting of a worker.
If the information that has been notified changes substantially, a requirement for the work to continue is that the posting company submits a supplementary notification as soon as such changes occur. A substantial change refers to things such as a change of representative, the number of employees or contact details.
The supplementary notification is submitted using the same online form as the initial notification. The supplementary notification is also used if there is a need to cancel a notified posting or to correct the submitted notification. In this case, the supplementary notification is filled in with the same information as the notification that needs to be cancelled/corrected, and the reason for submitting the notification (cancellation/correction) is also entered in the open text field.
Should the posting company neglect its notification obligation, it will be obligated to pay a negligence fee. For more information on the matter, see the page Negligence fee.
Notification duty in road transport subcontracting situations
In the case of road transport subcontracting situations, the transport operator (employer) must submit a posting notification via the EU electronic IMI system to the EU Portal (IMI) Road Transport - Posting Declaration.
The notification must include:
- the number of the Community license issued to the transport operator
- the contact details of the competent transport manager or other contact person in the Member State of establishment who is responsible for responding to inquiries from the authorities and receiving documents or notifications
- personal data necessary to identify the driver, personal identity number, address of residence and driving license number
- the date of commencement of the driver’s employment contract and the legislation
- governing the contract
- the planned starting and ending dates of the shipment
- details of the registration numbers of the motor vehicles used
- details of whether the service is transport of goods or passengers, international transport or cabotage.
If the details change, it is a condition for continuing the work that the transport operator submits a supplementary notification to the IMI system immediately when the changes occur.
It is important to note that the notification duty to the EU portal only applies to the road transport subcontracting situations. In the case of intra-group transfers and temporary agency work, the notification of posting is still made to the OSH authorities using the electronic form.