Posting of employees to Finland – many entrepreneurs employ the citizens of Ukraine, and then delegate them to work abroad. The Finnish immigration office informs that a person may work in Finland maximum 90 days during 180 days without the Finnish permit for stay, but only on the condition, if he/she is a permanent employee of a company operating in a country on the territory of the European Union.
Moreover, the employee has to stay in Finland in order to carry out of the temporary order in the cases stipulated in the Finnish Aliens Act (the Aliens Act of 2004). The person delegated has to have a permit, both for residence and work in the country, where he/she is employed on a permanent basis. The most important is so as such a permit shall be valid throughout at least 1 year (valid as at the moment of completion of the order in Finland). In the case, when the employee does not meet the above said requirements, he/she shall apply for the permit to stay for the persons working in Finland.
Delegate the employee to work in Finland
The Employer that delegates the employee to work in Finland, is obliged to see to that the employee should have the adequate permit for work in Finland:
- the permit for work shows what type of work the employee may carry out and how many hours per week he/she may work;
- in the case when the employer employs a foreigner who has got no right to work, they commit a crime;
- the employee may work in Finland without the permit for stay throughout the period of 90 days, during 180 days, if he / she is a permanent employee of the company operating in the other EU or EEA state, arrives in Finland in order to carry out temporary tasks related with acquiring or sub-contracting stipulated in the regulations concerning of the freedom of service provision. The maximum period of the order amounts to 6 months.
In the case, when the employer employs a person staying illegally in Finland, it shall be subject to a fine amounting from EUR 1 000 to 30 000. The amount of the fine is determined by the Finnish immigration services.
The employer may ask the Finnish office for employment and economic development (TE Services / TE-Palvelut) for help.
Finnish immigration services do not issue binding decisions concerning the right of the employee to work. Similarly it may not issue assessments on behalf of other authority.
Posting of employees to Finland
Work in Finland without permit for stay
It is possible to work without obtaining of the permit for stay in the case, when:
- Valid visa that you have got a (it concerns the citizens of the states, whose arrival to Finland is directly related with obtaining of visa).
- A permit for stay in Schengen, issued by other state, which allows you to stay in Finland for a short period of time.
- You are a citizen of the no-visa state, and in this case you may work in Finland during your no-visa stay.
The stay document is not required either in the case of an employee, when the employer was invited to work in Finland. Also when the employer signed the employment agreement in Finland. The described case concerns work during the period of maximum 90 days.
After the lapse of 90 days, the work is possible only in the case when an application for permit for stay has been filed. The employee not holding of the permit, with the lapse of the 90th day, loses the right to work.