The 2024 report from the Finnish Occupational Safety and Health Administration (OSH) provides an update on the situation regarding the posting of workers to Finland. It highlights that, despite a well-established regulatory framework, many foreign companies continue to fail to comply with the requirements set out by national law and European directives on the posting of workers.
Reference Legislation and Obligations
Finland applies the Act on Posting Workers (447/2016), implementing European Directives 96/71/EC, 2014/67/EU and 2018/957/EU. Foreign companies are required to notify the posting in advance through an online platform, providing the necessary information. Posted workers are entitled to the same working and salary conditions as their Finnish colleagues, as regulated by collective agreements. It is also mandatory to keep documentation related to the posting (contracts, timesheets, payslips) for the entire duration of the assignment, to be presented in case of inspection.
Inspection Trends in 2024
In 2024, 200 inspections were carried out, mainly in southern and southwestern Finland. Among these, 114 involved comprehensive checks on notifications, mandatory documentation, appointment of the legal representative, and compliance with minimum working conditions. The inspection approach aims to identify the most suspicious situations.
A new element in 2024 was the assessment of the genuineness of the posting: in 13 cases, it was necessary to verify whether it was truly a transnational posting or, in fact, a local employment relationship. In 7 cases, it was determined that it was not a transnational posting, resulting in the full application of Finnish regulations on labor, social security, and taxation.
Recurring Violations
The most frequent irregularities found by OSH inspectors are:
- Failure to notify the posting, which is mandatory before starting activities in Finland.
- Failure to appoint a legal representative in the territory for assignments longer than 10 days.
- Missing or incomplete mandatory documentation (timesheets, contracts, payslips).
- Failure to comply with minimum wages as stipulated by collective agreements.
- Violations of the prohibition on discrimination.
Most Affected Sectors
Violations are concentrated in the construction, manufacturing, and administrative services sectors, including temporary work agencies. These three sectors account for almost all inspections and are the areas where it is most difficult to ensure working conditions that comply with Finnish standards.
Inspections of Finnish Contractors
In 2024, 44 inspections were also carried out on Finnish companies using foreign suppliers, to verify compliance with information obligations towards the posting company and the right to work of foreign workers. Although the number of these inspections is down compared to 2023, attention remains high to prevent cases of indirect liability and illegal subcontracting.
Administrative Sanctions
The sanctioning regime provides for a negligence fee ranging from €1,000 to €10,000 for failures such as lack of notification, failure to appoint a representative, unavailable documentation, or lack of cooperation. In 2024, 69 sanctioning measures were imposed, totaling €322,350.
From 2024, sanctions are applied only to posting companies and no longer to Finnish contractors.
Conclusions and Outlook
The year 2024 confirms that, despite the established legislation, many foreign companies still fail to meet the minimum obligations regarding the transnational posting of workers. Transnational cooperation, promoted by the European Labour Authority (ELA) and the IMI system, is increasingly central to making controls effective and coordinated at the European level.
