The Act on Contractor’s Obligations and Liability when Work is Contracted Out: Occupational Health Care

The Act on Contractor’s Obligations and Liability When Work is Contracted Out, changed at the 1st of September 2015. The revised Act has brought up many questions especially relating to occupational health care. As regarding the revised Act, it is nowadays needed that the contractor will have a statement from the supplier (the contractual partner) in which it is stated how the occupational health care will be taken care of.

The duty of clearance can be fulfilled, for example, by acquiring a copy of the occupational health care agreement. The party to the contract can also give the contractor a written clearance from where it can be applied how the statutory occupational health care is been arranged. Then it must become clear, from the written statement, that who is the service provider of the health care services. When the party to the contract has yet no duty to arrange an occupational health care (during the contract negotiations), must the contractor then acquire a clearance of how the occupational health care of the workers will later be arranged.

The clearance concerning occupational health care must be dated, in a way that it can be later noted when the contractor has acquired it. Besides that, the clearance must be given in a way that it is binding, in other words, in practice it has to be signed.

The clearance of how the occupational health care has been arranged, must be acquired prior entering into agreement. At the time when entering into agreement, the clearance must be less than 3 months old. The contractor must keep the clearance in safe, at least for 2 years from the time when the work under the contract has been finished.

If a foreign contracting party posts workers to Finland, the contractor must obtain information on the posted workers’ social security cover before they start to work under the contract. This information must be obtained at the latest when they start to work. The employer must organize for the posted workers working in Finland an occupational health care, according to the Occupational Health Care Act. The country of origin does not cover the statutory obligation to arrange an occupational health care according to Occupational Health Care Act. More information on occupational health care can be found below:

www.tyosuojelu.fi/fi/tyoterveyshuolto

The Act on Contractor’s Obligations and Liability when Work is Contracted Out promotes equal competition between enterprises and observance of the terms of employment. Furthermore, it obliges enterprises concluding contracts on temporary agency work or subcontracted labour with other companies, to ensure that said companies discharge their statutory obligations.