Page 36 - DIPLOMATIC PRIVILEGES AND IMMUNITIES IN FINLAND
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1.14 Private Servants
Private servants are persons who are in the domestic service of a member of a mission and not employees of the sending state.
1.14.1 Residence Permits
The Ministry for Foreign Affairs issues residence permits to private servants employed by members of missions when the private servant is a national of the sending state. The residence permit issued by the Ministry does not entitle the person to reside in Finland after the termination of the employment with the member of the mission. The Ministry does not issue residence permits to family members of private servants.
Private servants, who are third-country nationals and represent other nationalities than the sending state, are required to obtain a residence permit based on employment before leaving for Finland. They must apply for the permit before leaving for Finland at a Finnish diplomatic or consular mission, or at a mission representing Finland. The above applies also to family members of private servants who wish to accompany the private servant for the duration of the employment. If the employee resides in Finland, the application for a residence permit based on employment needs to be filed with the Immigration Service. The residence permit will be issued in a form of a biometric residence card.
The above does not limit the right of persons who are entitled to free movement in the EU to engage themselves in employment in domestic work in Finland.
1.14.2 Conditions of Employment
As a rule, work performed in Finland is governed by the Finnish employment legislation. This is applicable also to employment of private domestic staff.
The employer and employee can also opt for the applicable law in employment contracts of an international nature that specify a connection with another state. However, it is the opinion of the Government of Finland that the minimum level of employment terms provided by the mandatory and absolute provisions of the Finnish labour and social laws must be respected whenever a member of a mission (employer) hires private domestic staff (employee).
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