A large number of foreign nationals work in Finland throughout the year. Some are directly employed by a Finnish employer, while others work for a short period as posted workers. Regardless of the length of the employment period, every foreign employee’s right to work must be verified.
Verifying the right to work is not only a legal obligation; it is also part of responsible business conduct and plays a key role in combating the grey economy and labour exploitation. If an employee does not have the right to work in Finland, the risk that their pay and working conditions do not comply with Finnish law is significantly higher. Verifying the right to work therefore supports fair working life and fair labour markets. When all actors comply with legislation, companies that benefit from illegal labour can be eliminated from the market.
In our work at Checkfin, we unfortunately encounter ignorance far too often regarding whose responsibility it is to verify an employee’s right to work and how the right to work is determined under the law.
In a nutshell, the obligation to verify the right to work lies with the following parties:
- The employer
- At construction sites, the main contractor and the developer, for the entire subcontracting chain
- In shipyard areas, the employer that has principal control
In addition to checking the right to work, the above-mentioned parties are also required to retain documents proving the right to work for two years after the employment has ended. These documents must be available in an inspection by the authorities.
So how is the right to work determined in practice, and how is it verified?
The right to work is primarily determined by a person’s nationality. Foreign nationals are divided into two groups:
- Citizens of EU and EEA countries, and Switzerland
- Citizens of countries outside the EU, EEA, and Switzerland, or so-called third-country nationals
Citizens of EU and EEA countries have an unrestricted right to work in Finland. After 90 days, the employee must register their right of residence. To verify the right to work, a copy of an official identity card or passport is therefore sufficient.
Nationals of countries outside the EU or EEA so-called third-country nationals generally always need a residence permit that entitles them to work. The documents verifying a third-country national’s right to work are therefore a passport and a residence permit granting the right to work.
For the most part, verifying the right to work is clear and straightforward. However, there are surprisingly many exceptions, and it is important to stay alert to them. Separate rules apply, for example, to persons whose residence is based on refugee status or to persons who do not have any nationality at all and only hold a so-called alien’s passport.
If you still have questions related to this topic, get the online training course “Verifying the Right to Work” from Checkfin’s online store online.checkfin.info
Be a responsible operator and promote fair working life by taking control of your legal obligations!
