Introduction
The lack of skilled professionals can be one of the biggest challenges for companies and other organizations looking to grow and internationalize. Employers need not only a skilled workforce but also specific expertise that may not be found in Finland. Attracting international talent boosts Finland's business and innovation sectors, enhances the country's appeal to foreign investors, and contributes to the creation of new jobs.
However, the legal aspects of international recruitment often pose challenges for employers, requiring careful navigation of sometimes complex employment laws and regulations.
In Finland, various regulations governing employment relationships have been extended to encompass the recruitment process. In practice, these principles are equally significant in both domestic and international recruitment. However, international recruitment introduces additional complexity and necessitates careful consideration of cross-border legal, cultural, and regulatory factors to ensure compliance and fairness throughout the recruitment process.
International Recruitment Process
Setting Requirements for Job Applicants
Employers have the right to define the qualifications and criteria for job applicants to ensure they meet the needs of the position. These requirements typically include work experience, educational background, and other factors directly related to the job. When recruiting workforce from international labor markets to Finland, employers must, however, navigate additional complexities, such as differences in qualifications, certifications, and legal requirements.
Efforts have been made at the EU level to harmonize higher education degrees, but full alignment has not yet been achieved. This means that recognizing foreign qualifications and evaluating skills remain significant challenges in international recruitment. Employers must ensure fair treatment of applicants from diverse educational and professional backgrounds while addressing the practicalities of assessing unfamiliar credentials.
Certain industries also have specific certification requirements. In Finland, roles in the restaurant and food sector, for example, may require a hygiene passport, while construction jobs often necessitate safety cards or other professional certifications. Employers must guide international recruits through the recognition or acquisition of these qualifications. It is also essential to plan for potential delays, as the process of obtaining or validating certifications can impact on the onboarding timeline.
Equal and Non-Discriminatory Treatment
While employers have the right to establish criteria for job applicants, these requirements must comply with Finnish labor law, particularly the principles of equal treatment and non-discrimination. According to the Employment Contracts Act and the Non-Discrimination Act, applicants must be assessed objectively based on their qualifications and suitability for the position. Factors such as nationality, language, or personal characteristics unrelated to job performance cannot influence recruitment decisions.
In practice, employers may occasionally assume that candidates from certain backgrounds are better suited to specific roles. However, such perceptions must not guide hiring decisions. Instead, all candidates must be evaluated based on measurable skills, qualifications, and the relevance of their experience to the job. Setting clear, transparent criteria is especially critical in international recruitment, where differences in educational systems and professional certifications can complicate the evaluation process. Recognizing equivalent qualifications and relevant expertise in unfamiliar formats ensures fairness and compliance with legal requirements.
Collection of Personal Data During the Recruitment Process
To evaluate job applicants effectively, employers in practice must collect personal data. In Finland, this process is regulated by the General Data Protection Regulation (GDPR) and the Finnish Act on the Protection of Privacy in Working Life. These laws set strict boundaries on what personal data can be collected and how it must be handled.
Employers may only collect information or personal data that is directly necessary for the employment relationship. This so-called necessity requirement is non-negotiable and cannot be bypassed, even with the applicant's consent.
Furthermore, personal data should be gathered primarily from the applicant themselves. If an employer seeks additional information from third-party sources, the applicant's explicit consent is required. By adhering to these principles, employers not only ensure compliance with legal obligations but also foster trust and transparency in their recruitment practices.
Recruitment Decision
When an employer has made a recruitment decision to hire a foreign employee, there are several important considerations for both the employee and the employer. Many responsibilities fall on the employee but given that the employee is not expected to have an in-depth understanding of Finnish legislation, it is advisable for the employer to provide support to the employee.
Terms of Employment
The employer typically has an understanding of the terms under which the job will be offered to the recruit even before making the recruitment decision. However, the final terms of employment are usually the result of negotiations. Once the decision to hire a foreign employee is made, it is essential to agree on the terms of employment without delay. Complying with legal and collective agreement requirements for employment terms is a statutory prerequisite for granting a residence permit.
Employee's Residence Permit
If the employee is not a citizen of an EU or EEA country, they must apply for a residence permit in Finland before starting work. There are over 20 types of residence permits, and the appropriate permit to apply for depends on the job duties and the duration of the employment. The employer's role in the residence permit application process typically involves completing the employment details required for the application.
If the employee is a citizen of an EU or EEA country, they do not need to apply for a residence permit. However, such an employee must register their right of residence if they stay in Finland for more than three consecutive months.
Employee's right to work in Finland
An employee's right to work in Finland is linked to their residence permit. The employer must always ensure that the employee has the right to work in Finland both at the start of employment and throughout the entire duration of the employment relationship. It must also be ensured that the employee's right to work corresponds to the specific job they are being hired to perform for the employer. The right to work should be verified with evidence, such as documentation related to the residence permit. Additionally, the employer is obligated to store information regarding each employee's right to work in a location suitable for the retention of personal data.
Conclusion
International recruitment allows Finnish employers to access valuable global talent, but it requires careful adherence to employment laws and regulations. Ensuring compliance with requirements such as non-discrimination, GDPR, working rights, and residence permits is essential. Clear, fair, and lawful processes help employers successfully attract and integrate international professionals into their organizations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
