Amendments to the Posted Workers Act
On 14 December 2023, the Government submitted to Parliament a proposal for changes to the Posted Workers Act. The Act would be amended to better meet the requirements of two EU Directives. The Government’s proposal is based on infringement proceedings the European Commission has initiated against Finland.
According to the Commission, the Posted Workers Act has not fully met the requirements of the EU’s implementing Directive on the posting of workers and the Directive concerning the Mobility Package in road transport. In addition, there are shortcomings concerning the protection of posted workers against inappropriate treatment. Following the proposed amendments, the Posted Workers Act would better comply with the requirements of the Directives.
The amendments concern, among other things, certain administrative requirements laid down in the Posted Workers Act and the protection of posted workers against inappropriate treatment. In order to protect posted workers, the Government proposes a new provision in the Act, which would prohibit retaliatory measures and impose a liability for damages were the prohibition violated. As regards the provisions on road transport, the amendments would clarify the Act and improve the supervisory capabilities of occupational safety and health authorities.
According to the Government’s proposal, the legislative amendments would enter into force on 1 April 2024.
Posting of workers means a situation where a foreign employer sends an employee to Finland for work in connection with the cross-border provision of services. The Posted Workers Act applies to workers sent to Finland.
Inquiries:
Päivi Kantanen, Ministerial Adviser, Ministry of Economic Affairs and Employment, tel. +358 295 048 938
Katariina Jämsén, Senior Specialist, Ministry of Economic Affairs and Employment, tel. +358 295 047 143