In accordance with the decision of the Parliament:

ARTICLE 1

Scope

This law shall apply to the contract law (55/2001) Chapter 1, Article 1 , on the basis of a contract of employment for which the posted worker is employed in Finland. (26.1.2001)

A posted worker means a worker who is normally employed in a State other than Finland and who, in the event of a working relationship, is employed by a company established in another country, for a limited period of time, to work in Finland Providing cross-border services where:

(1) the employee is sent under the direction of the undertaking and on the basis of an agreement concluded between the employer and the recipient of services in Finland;

(2) the worker is posted to a business group or company belonging to the same group of undertakings; or

3) the worker is sent to work for another company and the employer is a temporary employment agency or a temporary agency.

This law shall not apply to staff working on board vessels engaged in commercial shipping. Only the provisions of Article 9 of this Law shall apply to the work of the central government authority on the basis of the contract award procedure.

ARTICLE 2 (26.1.2001)

Provisions and provisions relating to the conditions and conditions of employment applicable

The law applicable to the employment contract of a posted worker shall be governed by the Convention on the Law Applicable to Contractual Obligations (SopS 30/1999).

However, if the employment contract of a posted worker becomes applicable to the law of a foreign country, the following provisions of Finnish law shall apply in so far as they are more favourable to the worker than the provisions of the law which is otherwise applicable:

(1) in the case of compensation for working time and increased salary, (20,1996) Articles 22 to 25, 33 (2) and (3) and (302/1961),

(2) in respect of compliance with working and rest periods, Articles 6 to 14, 16 to 21, 26-32 and 33 (1) of the Working Time Directive;

(3) in the case of annual leave, annual leave and holiday allowance, (162/2005) § 5-19, (18.3.2005/163)

(4) in the case of pay and the housing benefit, Articles 11 and 12 of Chapter 2 and Article 5 of Chapter 13 of the Labour Code; and

(5) Article 4 (2), (8) and (9) of the Labour Code.

In addition, under the conditions laid down in paragraph 2, the employment contract of the posted worker referred to in Article 1 (2) (1) and (2) shall also apply to the annual collective agreement referred to in Article 7 of Chapter 2 of the contract law, working time and Provisions on safety at work. (13/02/11)

The posted worker referred to in Article 1 (2) (1) and (2) shall be paid a minimum wage in return for consideration determined on the basis of the collective agreement referred to in Article 7 of Chapter 2 of the contract law. If this collective agreement does not become applicable in the employment relationship, the employee must be paid a normal and reasonable salary if the remuneration paid by the employer and the employee is substantially reduced. (13/02/11)

The work of the posted worker shall be governed by Article 9 of Chapter 1 of the contract law, Article 2 (1) and (2) of Chapter 2, and Articles 13 (1) and 2 (2), of the Act on equality between women and men (609/1986) (hereinafter ' the Equality law , Articles 6, 7, 8, 8a, 8d, 9 and 9a (1325/2014) § 7 (1) and Articles 8, 9, 10, 12, 13 to 16 and 28 of the Safety and Health Code (2002) , occupational safety law (1383/2001) And the law on young workers (998/1993) . (30/04/2013)

In the course of the proceedings, the application of the law of a foreign country to the employment contract of a posted worker must be accompanied by evidence of the content of the law applicable. (22.12.2005/1198)

§ 2a. (13/02/11)

Provisions for temporary workers

The minimum wage for the posted worker referred to in Article 1 (2) (3) is determined by Article 9 of Chapter 2 of the contract law. Where there is no collective agreement within the meaning of that Article or any other agreement or practice, the posted worker shall pay a normal and reasonable salary if the remuneration paid by the employer and the employee is below it. Essentially.

Under the conditions laid down in Article 2 (2), the employment relationship of a posted worker referred to in Article 1 (2) (3) shall be governed by the provisions of the collective agreement referred to in Article 9 of Chapter 2 of the contract law, or any other Agreement or practice on annual leave, working time and safety at work.

Where an employee has been posted to another firm within the meaning of Article 1 (2) (3), the user undertaking shall provide the employer of the posted worker with the information required by the employer to fulfil its obligations.

ARTICLE 3

Special forms of remuneration as a wage

In determining whether a posted worker complies with the requirements set out in Article 2 (2) and (4), special compensation to be paid to an employee that does not relate to the actual Shall be considered as part of the employee's salary.

§ 4

Cell phone time for certain jobs

The provisions of Article 2 (2) (1), (3) and (4) and (3) and (4) of the first subparagraph of Article 2 (3) and (4) shall not apply to the first collection or installation work of a professional or special worker, provided that: An essential part of the supply contract and is necessary for the reconstitution and delivery of the goods supplied shall not exceed eight days.

The provisions laid down in paragraph 1 shall not apply to construction, repair, renovation, alteration and dismantling of construction works. These include digging, land-building, fitting and unloading of components, assembly, installation, transformation, landing, maintenance, maintenance, painting, cleaning and healing work.

For the purposes of calculating the duration of the worker referred to in paragraph 1, account shall be taken of all the periods during the last 12 months during which the person concerned has been employed by the same employer.

§ 4a (22.12.2005/1198)

Setting of a representative

If the employer referred to in Article 1 of the posted worker ( The sending company ) Is not a place of business in Finland, it must have a representative in Finland who is qualified to act on behalf of the sending company before the courts and receives subpoenas and other administrative documents on his behalf. The representative shall be placed at the latest at the beginning of the work of the posted worker, and the mandate shall last at least 12 months from the end of the posted worker's work in Finland. The contractor shall, by means of contracts concluded with the sending company, or by any means at its disposal, ensure that the sending company makes a representative.

The representative shall not be required if the posted worker does not exceed 14 days. If a number of successive, uninterrupted or short-term contracts have been concluded between the posted worker and his employer for being seconded, they shall be deemed to have continued to stay together.

§ 4b (22.12.2005/1198)

Obligation to maintain information on posted workers

The employer or, if the employer does not have a place of business in Finland, the representative referred to in Article 4a shall be in possession of the written possession of the posted worker:

(1) the identity and information of the sending company in the country of establishment of the undertaking sending the persons responsible;

(2) identification of the posted worker;

(3) a report on the working conditions applicable to the employment contract of the posted worker in accordance with Chapter 2 of Chapter 2 of the contract law; and

(4) a statement on the basis of the employment right of the posted worker.

Where the sending undertaking is not obliged to set a representative in accordance with Article 4a, the information referred to in paragraph 1 shall also be held by the sending undertaking when it has no business in Finland.

In order to ensure the minimum working conditions of a posted worker, the sending undertaking shall inform the employer before the start of work in Finland, who has the information referred to in paragraph 1: During the period of transmission. The data must be kept for two years after the posting of the posted worker in Finland.

§ 5 (18.3.2005/163)

Working time documents, annual leave accounts and salary data (22.12.2005/1198)

The work of the posted worker shall be subject to the provisions of Articles 36, 37 and 37a of the Working Time Act, as laid down in Article 29 of the Working Time Act and Article 29 of the Leak Act. In addition, the employer must comply with the procedure laid down in Articles 34 and 35 of the working time law, or a protective procedure at the same level for the worker.

If the posted worker takes more than eight days, the employer or, if the employer does not have a place of business in Finland, the representative referred to in Article 4a shall have the work of a posted worker in Finland in Finland Working time records and information on wages paid to the posted worker. (22.12.2005/1198)

ARTICLE 6 (207,2012/452)

Provisions applicable to the obligation and liability of the employer (30/04/2013)

For the purposes of applying this law to employment contract law, the employer's liability in accordance with Article 1 of Chapter 12 of the contract law and the employer's obligation to pay the penalty in accordance with Chapter 11a of that Act.

Under Articles 8, 8a and 8d of the Equal Treatment Act, the employer is obliged to pay compensation under Articles 10 and 11 of that law. Under Article 23 and Article 24 of that Law, the employer's obligation to pay compensation under the Equality Act is provided for in Articles 23 and 24 of that Law. (30/04/2013)

§ 7

Demand for compensation and compensation

The application for compensation referred to in Article 2 (2) (1) shall be brought within the period laid down in Article 38 of the Working Time Act. The application for compensation referred to in Article 2 (2) (3) shall be brought within the period laid down in Article 34 of the annual report. (18.3.2005/163)

On the grounds of discrimination prohibited by Articles 8, 8a and 8d of the Equal Treatment Act, Article 12 (2) and (3) of the Equal Treatment Act and Article 26 of the Law on Equal Opportunities, on grounds of discrimination prohibited by the Law on Equal Opportunities, are laid down in Article 12 (2) and (3) of that Law. (30/04/2013)

§ 8 (22/05/2015)

Control

With the exception of Article 2 (5), Article 2 (5) of the Equality Act, which is subject to the monitoring of equality, and the Equal Opportunities and Equal Opportunities Board, are monitored by the Labour Inspectors.

At the request of the employer or, where the employer does not have a place of business in Finland, the representative referred to in Article 4a (2) shall, on request, provide the information and reports referred to in Article 4b (1) and Article 5 (2).

The labour inspecting authorities shall, on request, be entitled to receive from the employer the documents relating to the obligation referred to in Article 8b and, where appropriate, copies thereof.

§ 8a (22.12.2005/1198)

Provision of information to staff representatives

Where the posted worker takes more than eight days, the employer or the representative referred to in Article 4a shall, under the authority of the posted worker, provide the person elected by the staff group concerned or the contract law of 13 The information referred to in Article 3 (1) (3) of this Act on the working conditions applicable to the employee's employment contract.

§ 8b (22/05/2015)

Provision of information to a professional

In the situations referred to in Article 1 (2) (1) or (3), the representative of the employer or the representative referred to in Article 4a shall issue a certificate to the employer of posted workers who have been sent to the contract in accordance with the contract; On social security provision at the latest before these start work. A written certificate of compliance with the obligation shall be retained for the duration of the contract.

This paragraph shall not apply where the value of the consideration of the subcontracting contract referred to in Article 1 (2) (1), excluding VAT, is less than eur 9 000 or the duration of the work of the leased worker or employees referred to in Article 1 (2) (3). Total not more than 10 working days. For the purpose of calculating these limit values, the work shall be deemed to have continued continuously, provided that the work carried out on the job or the result obtained is based on a number of consecutive, uninterrupted or limited interruptions in contracts.

Article 8c (22/05/2015)

Information from the supervisory authority

The employer shall inform the posted worker of the law enforcement and advice before the start of the work. Information may also be provided by a representative appointed by the employer as referred to in Article 4a.

The contractor shall inform the sending company in writing of the law enforcement and advising authority. Written information shall be verifiable for the duration of the contractual work.

This paragraph shall not apply where the value of the consideration of the subcontracting contract referred to in Article 1 (2) (1), excluding VAT, is less than eur 9 000 or the duration of the work of the leased worker or employees referred to in Article 1 (2) (3). Total not more than 10 working days. For the purpose of calculating these limit values, the work shall be deemed to have continued continuously, provided that the work carried out on the job or the result obtained is based on a number of consecutive, uninterrupted or limited interruptions in contracts. There is no obligation to provide information under paragraph 2 where the contractual relationship between the employer and the employer can be considered to be established as a result of previous contractual relations.

§ 9

The competent court

In addition to the jurisdiction of the Court of Justice in other parts of the law or in international agreements which are binding on Finland, an action based on the rights or obligations referred to in this Act may be brought into force in Finland In the district court where the worker does or has been employed in accordance with this law as a posted worker.

§ 9a (22/05/2015)

Penalty provision

An employer or a representative or a representative appointed under Article 4a, whether intentionally or negligently

(1) in breach of the provisions on the possession or notification of the information and reports referred to in Article 4b;

(2) fails to provide the information referred to in Article 8a to the staff representative; or

(3) in breach of Article 8b, in breach of Article 8 (b) of the Treaty;

Must be condemned For breach of the law on the posted workers Fine.

An infringement of the law on the posting of workers is also punishable by an employer or a representative who, intentionally or negligently, fails to fulfil the obligation of care provided for in Article 4 (a) or by the employer, the employer or their representative, who: A breach of the obligation to provide information under Article 8c, but only in the light of the instructions and procedures of the workplace.

Penal punishment is punishable under criminal law (39/1889) .

Responsibility between the employer and his representatives, as well as between the employer and his representatives shall be determined by: Chapter 47 of the criminal code In accordance with the criteria laid down in Article 7.

ARTICLE 10

Implementation

The implementation of this law, including the provision of information and cooperation with the authorities of other Member States, is responsible for the protection and supervision of the Ministry of Labour, which should act on the implementation issues. Where appropriate, in cooperation with the Ministry responsible for the preparation of employment and working time legislation.

ARTICLE 11

Entry into force

This Act shall enter into force on 16 December 1999.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 138/1999 , TyVM 7/1999, EV 98/1999, European Parliament and Council Directive 96 /71/EC; OJ L 18, 21.1.1997 p. 1