As the use of foreign workforce increases, so does the number of various requirements aimed at combating the grey economy. This natural development keeps main contractors increasingly busy, because it is the main contractor's responsibility to ensure that a foreign worker has the right to work entitling them to work in Finland.
The main contractor must verify the right to work by requesting the necessary documents and statements from the worker or from the subcontractor that has hired the worker. The number of statements and documents required depends on the worker's primary country of work and the nationality of the worker coming to work in Finland. It would furthermore be most beneficial to carry out this supervisory work proactively, so that costly working hours of site management, the subcontractor, and the worker are not wasted at the point when work should already be starting.
Did you know that information related to a worker's right to work must be retained for two years after the end of a foreign worker's employment relationship, and must be easily accessible for inspection?
How is the right to work verified?
For citizens of EU and EEA countries and Switzerland, the right to work is based on citizenship and a passport or other travel document is sufficient for verification. For citizens of other regions or stateless workers, the right to work requires a residence permit granted for a specific type of work. For example, a residence permit granted for cleaning work does not permit working as a painter on a construction site! The subcontractor's employer obligations, including accident and pension insurance contributions, must also be verified, for example from the person's A1 certificate or alternatively from an accident and TyEL insurance granted by a Finnish insurance company to the employing company.
Documentation related to the right to work must be retained at the workplace
Regional State Administrative Agency is responsible for combating the grey economy in Finland and monitors workers' right to work on construction sites through random inspections. In the event of a regulatory inspection, the following information must be documented for each worker:
The foreign worker's personal details: full name, date of birth, and tax number
The basis for the worker's right to work: citizenship of an EU or EEA country, a valid worker's residence permit in the correct country, or another ground for the right to work as provided in the Aliens Act
If the right to work is temporary: the validity period of the permit entitling the person to work
If the right to work is restricted to a specific type of work: the industry or employer for which the permit has been granted
The worker's qualification details: safety training and official qualifications required on the site
What are the consequences of neglecting obligations?
The employer has an obligation to ensure that a foreign worker has a residence permit entitling them to work or another basis under the Aliens Act to work in Finland. If the employer fails to verify the right to work and allows work to be carried out without a permit, either knowingly or unknowingly, this constitutes unauthorised work. The employer is then guilty of either the use of unauthorised foreign workforce or an employer's alien offence. The person who awards a contract or subcontract, or the work commissioner or their representative who has neglected their responsibility to ensure that the foreign worker has a residence permit or other permit entitling them to work in Finland, is also convicted of the use of unauthorised foreign workforce. The occupational safety authority has an obligation to report to the police if it has probable grounds to suspect that an employer has been guilty of the use of unauthorised foreign workforce or an employer's alien offence. If a third-country national residing illegally in the country has been hired for work, the employer may be required to pay a penalty fee of €1,000–€30,000 imposed by the Finnish Immigration Service.seuraamusmaksun.
For more information on verifying the right to work:
