Employer's rights and obligations

Four people sitting on a sofa talking

Credits: Markus Pentikäinen / Keksi

Finnish laws ensure impartiality and the rights of all parties.

Ensure that you are aware of your obligations and rights as an employer. The role of the employer emphasizes the obligations.

The general purpose of the employer’s obligations is to ensure proper working conditions. In international recruitment, it is essential to ensure that the foreign expert is aware of the practices of the Finnish labor market, their own obligations and rights, and matters such as salary, taxation, and employee benefits. 

Employer’s and employee’s rights and obligations

As an employer, it is your responsibility to ensure good working conditions. Inform the international expert about the employer’s statutory obligations, such as equal treatment, non-discrimination, occupational safety, and sick pay. This strengthens the expert’s sense of security and gives a good impression of the work community. Use language that the international expert can understand without doubt. Responsibility runs through the recruitment process – deepen your knowledge!

 

For example, in the health and social sector, the employer must take into account how the international export can acquire the qualifications required and find employment in a position corresponding to their education in their country of origin. 

 

The employer has the right to direct and supervise the work during working hours. The employer decides where, how, when, and with what tools the work is performed. The right to supervise work must not violate good practices or legal provisions. The employee is obliged to comply with the instructions and orders given by the employer, unless they are clearly inconsistent with the terms of the employment contract. For more information about the right to direct, see the website of the Occupational Safety and Health Administration in Finland, for example. 

 

Review the employee’s responsibilities carefully with the employee. These include, but are not limited to, the obligation to maintain business secrets, the prohibition of competing activities, and the reporting of occupational safety deficiencies. It is not appropriate to speak badly of the employer on social media either. 

 

The employee has the right to earn their living as they wish, which means that the employer cannot entirely prohibit them from doing other work. However, we recommend discussing the restrictions related to this. It is important for the employee to know that some types of residence permits restrict working. The employer is obliged to check that the employee is entitled to perform the work in question. 

Credits: Markus Pentikäinen / Keksi

Credits: Markus Pentikäinen / Keksi

Employer’s reporting duty and retention of employment data 

 

The employer is obliged to notify the employee representative and occupational safety and health representative of their foreign employees and the Employment and Economic Development Office (TE Office) of all foreign employees who are not EU citizens or equivalent to EU citizens or family members of an EU citizen. 

 

In addition, the employer is obliged to retain the data concerning the employment relationship of a foreign employee at the workplace for two years after the end of the employment relationship. The data can be stored in the HR system or other protected archive or database suitable for storing personal data. Their eligibility can also be checked by email from the Finnish Immigration Service.  

Finnish laws and official proceedings ensure the rights and equal treatment of all parties. As an employer, you can always turn to the relevant authority when in doubt. 

Pay and employee benefits

In Finland, salaries are usually determined by collective agreements. If there is no collective agreement in the sector, the salary is agreed upon personally with the employee. The salary is determined by the Finnish wage level. 

 

Explain to the international employee as early as possible how taxation and the social security system work in Finland and what kinds of payments will be withheld from the employee’s salary. Find out whether the employee has foreign income or is liable for social security or taxation in another country. 

 

Mention any possible employee benefits and their effect on taxation already in the job interview. Benefits may have a positive impact on the candidate’s decision to accept the vacancy. At the same time, inform the employee about other benefits and rights existing in the Finnish labor market and society. 

Credits: Marjaana Malkamäki / Keksi

Credits: Marjaana Malkamäki / Keksi

Occupational health care

Labor legislation obliges the employer to arrange occupational health care even for one employee. The Finnish occupational health care practices differ from those of many other countries in terms of dental care and members of the family, among other things. Ensure that the occupational health care provider can serve its customers in English. 

Read more and helpful links

International recruitment guide

Check out our comprehensive International recruitment guide. The guide offers detailed information, instructions, and links for each step of the recruitment process.