The employer was fined for 109 illegal farm workers
The District Court of Varsinais-Suomen sentenced the employer to pay a fine of 100 units for the illegal use of foreign workers. The exceptional circumstances caused by the COVID-19 pandemic were considered a mitigating factor. The employer was ordered to pay 600 euros. The district court issued its decision on August 16, 2022.
The District Court of Varsinais-Suomen dealt with the case, which had been revealed during an occupational safety inspection.
In February 2020, the Occupational Safety Division of the Regional Administrative Agency of Varsinais-Suomi conducted an inspection at a farm in Varsinais-Suomi to monitor the use of foreign workers. According to the information obtained during the inspection and the police’s criminal investigation, a total of 109 foreign illegal workers worked on the farm. Most of them were citizens of Ukraine.
The employer had hired foreigners who did not have an employee’s residence permit or other permits entitling them to work in Finland. The employer had neglected his duty to check the foreign workers’ foreigners’ law (301/2004) and the right to work of employees who are not entitled to work.
The employer admitted the crime and cited mobility problems and difficulties in obtaining permits during the COVID-19 pandemic as the reason for not handling permit matters. The district court took this into account as a mitigating factor.
However, the district court stated that considering the seriousness of the crime, a prison sentence would have been required, but considering the exceptional circumstances and their effect on the defendant’s guilt, the fine had to be considered a sufficient punishment.
The employer must ensure that the foreigners it hires have the right to work in Finland
An employer who has foreign workers on their payroll must ensure that the workers have the appropriate permits for the work in question. According to the Aliens Act, the employer must ensure that the foreigners it hires have the right to work in Finland and keep this information at their workplace.
“The grounds for employment law depend on the nationality of the foreign workers in question, the type of work they intend to do in Finland and the duration of the work. When hiring foreign workers, employers must check their right to work in Finland before concluding employment contracts, says Natalie EklundLawyer in the Occupational Safety and Health Division of the Regional Administrative Agency of Northern Finland.
The case number of the court judgment is R 22/917.
HT
Source: Occupational safety and health