Tellijavastutus.ee

Instructions for the Luotettava Kumppani
Estonia Programme
The Luotettava Kumppani Programme Estonia concerns solely Estonian companies. Accession to the program- me requires the signing and returning of the Power of Attorney Agreement enclosed below.
Under this agreement Suomen Tilaajavastuu Oy will retrieve and publish all information required under the Fin- nish Act on the Contractor’s Obligations and Liability when Work is Contracted Out (the “Contractor’s Liability Please fill in your company information details on the form B (the Power of Attorney Agreement).
The company is liable to supply adequate and valid E101/A1 certificates concerning all posted workers. The E101/A1 certificates should be issued separately for each posted worker.
If the posted workers are insured by a Finnish Pension Insurance Company a valid Finnish accident insurance must also be supplied. Voluntary certificates are subject to a surcharge of EUR 10 + VAT 0%/ year and infor- mation on these should be filled in on the form C (Voluntary certificates). (Liability insurance and Health care The yearly subscription fee of the Luotettava Kumppani Programme Estonia will be invoiced all members once a year. According to the pricelist dated 01 February 2014, the current annual fee is EUR 200 + VAT 0%. The ini- tial invoicing will take place upon the acceptance into the programme. Publication of data
Any Finnish affiliate companies (companies registered in Finland with a Finnish registration number) must also join the Finnish Luotettava Kumppani Programme. Please note that the publication of your information details according to the Act requires reviewing from Suomen Tilaajavastuu Oy. Reviewing and crosschecking all information takes an average of approximately six (6) weeks. After the publication in Suomen Tilaajavastuu Oy’s register your corporate information according to the Act may be collected, free of charge, from the register Downloading of the reports requires registration as a user in the Raportit register www.tilaajavastuu.fi.
Fold all pages and leave the letter
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cover with the return address on the
All Estonian companies, with a Finnish registration number, must also join the Finnish Lomake-143824012014-viro-eng
Luotettava Kumppani Programme.
INSTRUCTIONS
Form B, point 1: The company’s basic information and invoicing address. Please note that in order for Suomen Tilaajavastuu to be able to acquire any additional information concerning your company, a valid e-mail address and mobile number from which the contact person can be reached shall be added. As stipulated in the Act, any detected deficiencies will always be notified to the given e-mail address.
If a foreign business (including but not limited to subsidiary, affiliate or 1. foreign entity) residing a permanent establishment are selling services in
Finland, they are subject to the Income Tax Act in Finland as well as in their home country. If this is the case, the Contractor’s liability Act states that this Principal
information should be checked from both countries.
If an Estonian company has a Finnish affiliate/affiliates or it acts as a fo- reign entity in Finland, this must also be added on the form B, point 1.1. The company names, business identity codes and indemnified persons of the affiliates and foreign entities in question shall be listed. The obligations sti- pulated in the Contractor’s Liability Act are also applied to the subsidiaries, affiliates and foreign entities operating in Finland. Each affiliate or foreign entity shall separately join the Finnish Luotettava Kumppani Programme.
Form B, points 4.1-4.2 entails information regarding employed workforce in the company. Choose the correct alternative/alternatives from the list. 1) Posted workers in Finland means that the hired labour is insured in the home country and valid social security certificates (E101/A1) must be given directly to the main contractor/employer. 2) Hired labour in Finland, means 4.1-4.2 that workers must be insured by a Finnish Pension insurance- and Accident
Insurance Company. 3) No hired labour means that the company have no workers and therefore no Finnish Pension Insurance or E101/A1 certificates are required. 4) Owner/owners are insured in the home country means that valid E101/A1 certificates must be supplied to the main contractor/emplo- Fill in all required information regarding the Finnish Pension Insurance, Form B, point 5. Choose which applicable Finnish collective agreement, or principal terms applicable to your work, binds your company in Finland (TES). This information must be supplied at all times except when alternative Collective
Agreement (TES)
Fill in information regarding the Finnish Accident insurance, compulsory if the workers are insured by a Finnish Pension Insurance Company.
Finnish Accident
Insurance
Form B, point 7. The power of attorney should be signed by the person/per- sons authorised to sign for the company. This information is crosschecked against the information listed in the official Trade Register.
Signatures
Form C, point 1-3. Copies of the valid certificates of Finnish Pension Insuran- C 1-3. ce, Liability insurance certificates and health care certificates should be sent
along with the signed agreement in the prepaid return envelope.
Additional
Certificates
All Estonian companies, with a Finnish registration number, must also join the Finnish Lomake-143824012014-viro-eng
Luotettava Kumppani Programme.
Terms and Conditions of Luotettava Kumppani Programme Estonia
These terms and conditions shall apply when the company has joined the Luotettava Kumppani Programme Estonia by delivering a power of attorney to Suomen Tilaajavastuu Oy. The Luotettava Kumppani Programme Estonia is part of the Tilaajavastuu.fi servi-ce. The Luotettava Kumppani Programme Estonia is developed in order to automate the process to verify the obligations required by the current Contractor’s Liability Act. Suomen Tilaajavastuu Oy supports and maintains the Tilaajavastuu.
fi service. The service contains information, for example, on companies that have delivered their powers of attorney required by the Contractor’s Liability Act. Based on the power of attorney, Suomen Tilaajavastuu Oy retrieves tax details, and other information required by the Contractor’s Liability Act from the public registers and from private corporations. If necessary, the company may also ask for details of pension contribution from employment pension organisations and statutory workers’ compensation insurance from insurance organisations.
Publishing the company’s details accordant with the Contractor’s Liability Act as part of the freely available material of the Ti-laajavastuu.fi service requires that the company has delivered the power of attorney to Suomen Tilaajavastuu Oy and paid the current service fee of 12 months. The company shall also publish the other information based on the Contractor´s Liability Act. Public information regarding the company, current requirements under the Contractor’s Liability Act, such as registration into the Prepayment Register and the Estonian VAT register, as well as a Trade Register extract and details of the business prohibition register and tax details are published as part of company’s client liability report. The company shall inform Suomen Tilaajavastuu Oy of any changes concerning the Company e.g. changes in invoicing address, changes regarding pension insurance company or changes regarding statutory workers’ compensation insurance company. By accepting these terms and conditions the Company specifically adheres to that Suomen Tilaajavastuu Oy is always entitled, under the power of attorney granted by the Company, to collect from e.g. employment pension companies, private companies and authorities also such data required by the Contractor´s Liability Act (or another legal or administrative order) in the future which is not required at present and which is not specifically mentioned in the power of attorney. These pieces of information will be part of the freely available material in the Tilaajavastuu.fi service within two weeks from the delivery of the power of attorney to Suomen Tilaajavastuu Oy, provided that the service fee has been paid. After this, companies registered to the Tilaajavastuu.fi service may freely download the information specified above. The information found in the system is updated at least every two months.
We reserve the right to verify the company’s background information and credit report. We reserve the right not to accept the com-pany to be part of the Luotettava Kumppani Programme Estonia if the background information reveals information that persons behind the company or the company itself are not following the terms of social responsibility or current legislation. Suomen Tilaajavastuu Oy has the right to revise the prices of the service. Suomen Tilaajavastuu Oy shall notify any changes in prices 30 days before the date the change in prices of the Tilaajavastuu.fi service becomes effective.
The agreement, consistent with the terms listed in these terms and conditions, concluded between the company and Suomen Tilaajavastuu Oy regarding the publication of information as part of the freely available material of the Tilaajavastuu.fi service shall remain in force until further notice. The service fee is invoiced every 12 months by Suomen Tilaajavastuu Oy. The agreement shall be automatically terminated if the company neglects to pay the annual service fee within two (2) months of the due date. The agreement should be terminated in writing. Suomen Tilaajavastuu Oy has the right to terminate this Agreement by following a 60 days’ notice. After the termination of the agreement, Suomen Tilaajavastuu Oy is not obliged to return any paid service fees. For the avoidance of doubt it should be noted that the termination of this agreement does not automatically annul the power of attorney delivered by the company which means that the company’s information details shall remain in the Tilaajavastuu.fi servi-ce subject to a fee. Alternatively, if the company annuls the power of attorney, this agreement shall be automatically terminated and all details shall be removed from the Tilaajavastuu.fi service. The company´s information details shall remain 6 years in the service.
Suomen Tilaajavastuu Oy only relays information related to the Companies and, thus, shall not be liable for any failure or inter-ruption of the Tilaajavastuu.fi service, any inaccuracy or errors in information contained by the service or any interruptions in the service or any direct or indirect loss which may incur as a result of these. Suomen Tilaajavastuu Oy’s liability is restricted in all cases to the amount of the yearly service fee. This restriction of liability shall not apply if the damage is caused intentionally or by gross negligence.
Suomen Tilaajavastuu Oy shall be entitled to transfer the Tilaajavastuu.fi service and any liabilities, obligations and agreements related thereto to a third party. Suomen Tilaajavastuu Oy shall be entitled to amend these terms and conditions by notifying the company of the change one (1) months prior to the effective date of the changes in the terms of agreement to the email address given by the company.
In the event of serious breach of contract, this agreement may be cancelled with an immediate effect by either party.
Disputes arising out of these terms and conditions shall be primarily solved by means of negotiations between Suomen Tilaa-javastuu Oy and the company within one (1) month. If these negotiations are not successful, any dispute shall be heard by the District Court of Helsinki as the court of first instance.
All Estonian companies, with a Finnish registration number, must also join the Finnish Lomake-143824012014-viro-eng
Luotettava Kumppani Programme.
POWER OF ATTORNEY AGREEMENT
Principal
Information regarding Finnish affiliate or foreign entity (companies registered in Finland, Finnish business identification number)
Suomen Tilaajavastuu Oy (”ST”) (hereinafter the authorised party)Registration number: 2327327-1 I hereby authorise Suomen Tilaajavastuu Oy to collect the details found from the statement of outstanding taxes of the Company required by the Finnish Contractor’s Liability Act from the Tax Administrations of Finland and Estonia and to store and publish the details in the service of Tilaajavastuu.fi.
I hereby also authorise Suomen Tilaajavastuu Oy to request and receive data from the Finnish Pension Insurance Company used by the Principal regarding whether the Principal has a valid insurance in accordance with the Finnish Employees Pensions Act/ Self-Employed Persons’ Pension Act/ Farmers’ Pension Act, whether the Principal has any paid or unpaid insurance premiums or a payments agreement related thereto, informa-tion regarding the termination of the insurance as well as to store and publish the data in the service of Tilaajavastuu.fi.
I hereby also authorize Suomen Tilaajavastuu Oy to request and receive data from the Finnish Insurance Company used by the Principal regarding whether the Principal has a valid insurance in accordance with the Finnish Employment Accidents Act, whether the Principal has an valid insur-ance as well as to store and publish the data in the service of Tilaajavastu.fi.
The power of attorney granted by the Principal to Suomen Tilaajavastuu Oy also covers such data which will be included within the scope of the Principal´s duty to notify or report under the Finnish Contractor´s Liability Act (or similar provision) as a result of the amendments to the act or administrative orders.
The current employee pension insurance company of the Principal is specified below. The Principal undertakes to inform Suomen Tilaajavastuu Oy if the Principal will change its employee pension insurance company.
I hereby also authorise Suomen Tilaajavastuu Oy to obtain the following certificates and accounts from the proper Estonian authority and to publish them in the service of Tilaajavastuu.fi attorney
• Certificates of tax and social security contributions (including the details of pension contributions); • As regards the preliminary tax withholding liability, a certificate/extract from a register given by the Estonian Tax and Customs Board of belonging to the register for parties liable for payment;• As regards the value added tax liability, a certificate/extract from a register given by the Estonian Tax and Customs Board;• A certificate/extract from the Registrite ja Infosüsteemide Keskus (RIK) of belonging to the company register (äriregister);• A certificate/extract from a register given by the Estonian Tax and Customs Board of paying the taxes or a statement of outstanding taxes or an account on the payment plan for the tax liability;• An A1/E101 certificate given by the Sotsiaalkindlustusamet (a certificate of taking pension insurances and paying the pension insurance premi-ums or an account on payments agreement of outstanding pension insurance premiums)This power of attorney shall remain in force until further notice, until it will be separately cancelled in writing.
The Principal shall accept the terms and conditions of the Luotettava Kumppani Programme Estonia.
Choose the correct alternative /alternatives
Owner/owners are insured in the home country (E101/A1) Employed workforce
NB! All E101/A1 certificates shall be given directly to the employer/main contractor!
A posted worker without Social Insurance certificate E101/A1 should have a Finnish Pension Insuran-
ce (Finnish Employees Pensions Act) arranged.
Finnish Pension Insurance company:
Insurance
All Estonian companies, with a Finnish registration number, must also join the Finnish Lomake-143824012014-viro-eng
Luotettava Kumppani Programme.
POWER OF ATTORNEY AGREEMENT
Finnish Generally Applicable Collective Agreement (TES) Employees working in Finland are entitled to the same rights as Finnish employees. The employer shall comply with the terms of and conditions of the proper Finnish Generally Applicable Collective Collective
Agreements (TES)
An Accident Insurance is a voluntary certificate only if the company has posted workers who have social security insurance
(E101/A1) from their home country. If workers are insured in Finland this is a compulsory certificate and shall be reported.
Accident Insurance
Add a copy of the certificate/s as an attachment.
The person/persons authorized to sign for the company as set out in the Trade Register
Signatures
All Estonian companies, with a Finnish registration number, must also join the Finnish Lomake-143824012014-viro-eng
Luotettava Kumppani Programme.
ADDITIONAL CERTIFICATES
Liability Insurance is a voluntary certificate. Price EUR 10 + VAT/ year.
Liability Insurance
Amount of the company responsibility share (€):
Add a copy of the certificate/s as an attachment.
Health care arrangement is a voluntary certificate. Price EUR 10 + VAT/ year.
2. Address of health care provider:
Health care
Phone number:
Add a copy of the certificate/s as an attachment.
Additional notes and comments (if any)
Additional
comments
All Estonian companies, with a Finnish registration number, must also join the Finnish Lomake-143824012014-viro-eng
Luotettava Kumppani Programme.
3 HELSINKI
FINLAND / FINLANDER
AID / RÉPONS
AFFRANCHIR AS
Y AIRMAIL / P
Y / PRIORIT

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