Employers to have the right to check criminal record of employees working with disabled persons starting next year
Under the Act on the Supervision of Social Welfare and Health Care Services (741/2023), healthcare and social welfare service providers have, depending on the length of the employment relationship, the right or obligation to request employees working with the elderly to present an extract from their criminal records. From the beginning of 2025, employers will also have the right or obligation to check the criminal history of those working with disabled persons. This article compiles frequently asked questions about the reform.
Criteria for issue include the permanence of work and duration of employment
An employee’s extract from the criminal records is only given directly to the employee themselves. The employer cannot be authorised to order the extract on the employee’s behalf. A person working with disabled persons can order their extract from the criminal records from the Legal Register Centre (LRC) when they enter in an employment or public service relationship with the employer for the first time or when they are assigned tasks that essentially and permanently include interaction with disabled persons for the first time.
The healthcare and social welfare service provider is obliged to request to see the extract of employees whose employment or public service relationship lasts for at least three (3) months in a single (1) calendar year. The service provider has the right to request to see the extract even if the work lasts for less than three (3) months. A person operating under the personal assistance employer model has the right to request to see the extract but is not obliged to do so.
Criteria for the issue of an extract from the criminal records:
- You are starting a job in which you will be working with disabled persons.
- Assistance, support, treatment or other care of disabled persons or other work involving personal interaction with a disabled person are an essential and permanent part of your job.
- Your employer is a healthcare and social welfare service provider or a person operating under the personal assistance employer model.
- You work in Finland.
An extract from the criminal records cannot be required or issued for voluntary activities or, for example, study-related practical training. No extract is required of employees who have started working with disabled persons before 1 January 2025.
Order an extract from the criminal records from LRC’s e-service
The extract must not be ordered until the person in question has been chosen for the position. The employee orders their extract from the criminal records themselves when the employer requires it. The easiest and least expensive (6€) way to order the extract is to order it via LRC’s e-service.
The extract is valid for six (6) months.
Further information:
Video tutorial: Extracts from criminal records for working with the elderly and disabled persons
LRC: Extracts from criminal records for working with the elderly and disabled
Questions and answers: extracts from the criminal records for working with the elderly and disabled persons
The questions and answers have been compiled by register experts from the Legal Register Centre.
Do I need only one extract or two separate extracts for working with the elderly and disabled?
You only need one extract: the extract from the criminal records for working with the elderly and disabled. The extract for working with the elderly and disabled is issued even if you work with only disabled or elderly persons. The extract applies to both roles.
The extract for working with the elderly has been available since early 2024 when the new Act on the Supervision of Social Welfare and Health Care Services entered into force. When the new Disability Services Act enters into force on 1 January 2025, the extract will be extended to cover working with disabled persons. At the same time, the name of the extract will change.
Who can request to see the extract from the criminal records under the Act on the Supervision of Social Welfare and Health Care Services?
A healthcare and social welfare service provider, i.e. the employer, may request to see the extract from the criminal records when a person enters into an employment or public service relationship with the employer, in which assistance, support, treatment or other care of disabled persons or other work involving personal interactions with a disabled person are an essential and permanent part of the job.
In addition, a person operating under the personal assistance employer model has the right to request to see the extract. The Act on the Supervision of Social Welfare and Health Care Services does not apply to agencies recruiting healthcare and social welfare staff.
What does “service provider” mean? Or “a person operating under the personal assistance employer model”?
A healthcare and social welfare service provider means an entity providing social welfare or healthcare services referred to in the Act on the Supervision of Social Welfare and Health Care Services.
A person operating under the personal assistance employer model means a disabled person, a guardian of an underage child or a caretaker of a disabled person. The employer model is a means of providing personal assistance. A disabled person hires a personal assistant in an employment relationship pursuant to the Employment Contracts Act (55/2001) and acts as the assistant’s employer.
In unclear situations, the employee should ask their employer whether the employer is a healthcare and social welfare service provider.
What does “disabled person” mean?
According to the Disability Services Act, a disabled person means a person who:
- has a long-term or permanent physical, cognitive, psychological, social or sensory functional defect caused by a disability or disease,
- has a disability or disease that, together with social obstacles, prevents them from participating in society on an equal basis with others, and
- needs services under the Disability Services Act to live an independent life or to enjoy inclusion or equality.
What does “new tasks” mean?
New tasks mean a new employee in a new job or changes to an existing employee’s job description, i.e. new tasks that essentially and permanently include work with a disabled person.
What does “other work with a disabled person” mean?
The extract from the criminal records may be issued to a person whose job essentially and permanently includes assistance, support, treatment or other care of disabled persons or other work involving personal interactions with a disabled person.
Other work must be interpreted on a case-by-case basis. Refer to legislation on working with children to interpret the procedural provisions in practice. The possible establishment of a confidential relationship is an important point in interpreting the provisions. The purpose of the act is to, for example, ensure the safety of the person under care or assistance.
Who is not required to present an extract from the criminal records?
It is not possible to check the extracts from the criminal records of those working with disabled persons who started their job before 1 January 2025.
The act does not apply to services provided free of charge. The extracts of students or volunteers are not checked.
What information is included in the extract from the criminal records for working with disabled persons?
The extract shows, for example, information related to narcotics and violence recorded in the criminal records and the register of fines. See the list of information included in the extract from the criminal records for working with disabled persons .
The extract contains information on sentences passed in Finland and offences committed in the EU, obtained from the European Criminal Records Information System (ECRIS) .
How can the extract from the criminal records for working with disabled persons be ordered?
The employee cannot order the extract until they have been chosen for the position. The employee orders their extract from the criminal records themselves. When ordering the extract, the employee must name their employer and indicate the position they need the extract for and the starting time of the work in question.
The easiest and least expensive way to order the extract is to fill in and submit an electronic order form in LRC’s e-service. This can be done from 1 January 2025 onwards. The e-service requires strong authentication, i.e. electronic banking passwords or a mobile ID.
When ordered via LRC’s e-service, the extract costs six (6) euros. The fee must be paid when submitting the order. You can access and print out your extract from the criminal records when it is available in the e-service.
A printable order form for users other than the e-service users is coming soon. Orders sent by post or email cost EUR 12 and are invoiced separately.
How long does it take to receive an extract from the criminal record for working with disabled persons?
You can order your extract from the criminal record from 1 January 2025 onwards. It is difficult to predict how busy the service will be; however, the extract is usually issued within seven (7) working days. LRC’s e-service is the easiest and fastest way to order the extract. The Legal Register Centre processes applications in the order of receipt.
Published 20.12.2024