Where does the Act apply?
Work performed in Finland
The basic rule is that the Workers’ Compensation Act (TyTAL) applies to work performed in Finland.
However, the Act does not apply to posted workers working in Finland who are not subject to Finnish legislation under the EU social security regulations or conventions. Their insurance cover is determined pursuant to the legislation of the country of origin. As a proof of this, posted workers have the A1 certificate.
An Estonian employer posts an employee to work in Finland. The employee has the A1 certificate and he or she is subject to Estonian legislation. TyTAL does not apply.
Neither is the Workers’ Compensation Act is applicable to road transport from third countries to Finland, provided that the specific preconditions laid down in law are met.
A driver whose domicile is in Russia works for a Russian company. He or she brings goods to Finland once a week by truck. For the rest of the time, he or she works in Russia. TyTAL does not apply.
The Act does not apply to short-term travel for the purpose of participating in a meeting, speaking at an event or similar.
An professor of educational science at a university in the United States travels to Finland to take part in a three-day teachers’ conference and to speak on his or her research topic. TyTAL does not apply.
Work performed abroad
Employees are covered by their employer’s compulsory workers’ compensation insurance when they are posted to work outside Finland and they are subject to the Finnish legislation under the EU social security regulations or conventions. The decision on whether the Finnish legislation applies to the employee is made by the Finnish Centre for Pensions. A posted worker is issued the A1 certificate to have proof of this.
Employees who are temporarily posted to a third country remain covered by their employer’s compulsory workers’ compensation insurance as long as the connection to the country of origin remains. However, if the employer later moves to the third country permanently, the employer’s insurance obligation may be waived. In that case, the employer can voluntarily insure the employee against occupational accidents and illnesses. Similarly, an employer who knows from the outset that the employee’s posting will be permanent can take out a voluntary insurance against accidents occurring abroad.
For further information on insuring work performed in Finland and abroad, see the Insurance Handbook (in Finnish).