{"id":944,"date":"2020-04-17T11:58:53","date_gmt":"2020-04-17T11:58:53","guid":{"rendered":"http:\/\/exportfuturepath.fi\/?page_id=944"},"modified":"2020-05-08T06:33:02","modified_gmt":"2020-05-08T06:33:02","slug":"drafting-an-agreement-for-cooperation","status":"publish","type":"page","link":"https:\/\/exportfuturepath.fi\/index.php\/drafting-an-agreement-for-cooperation\/","title":{"rendered":"Drafting an agreement for cooperation"},"content":{"rendered":"
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It is possible to make an equal partnership between an asylum seeker and a Finnish company. The partnership aims at starting a business in Iraq. For the cooperation to work the partners need to make a clear and comprehensive written\n contract. Roles, responsibilities and rights need to be carefully determined. It\u2019s best for all the participants that the asylum seekers find themselves the best possible entrepreneurship path, and that it fits into the Finnish business\n partner’s values and business model.<\/p>\n \n\n \n

\n 1. Asylum seeker as an employee and contract partner<\/a>\n <\/h2>\n \n\n \n

\n 2. Wage subsidy<\/a>\n <\/h2>\n \n\n \n

\n 3. Immigrant or asylum seeker as an employee or entrepreneur <\/a>\n <\/h2>\n \n\n \n

\n 4. Contract options as an entrepreneur\/ employee<\/a>\n <\/h2>\n \n\n \n

\n 5. Reimbursements<\/a>\n <\/h2>\n \n\n \n

\n 6. Other matters to be agreed on<\/a>\n <\/h2>\n \n\n \n
\n \"\"\n <\/figure>\n \n\n \n

1. Asylum seeker as an employee and contract partner<\/h2>\n \n\n \n

When mutual contracts are made they should be made in written even though the law does not require it. The contents of the contract should be as clear as possible to leave no room for interpretation. When a contract is written you\n should first read it carefully. In important contract matters it is good to use legal experts. If you don\u2019t know your partner beforehand, you should check his or her background and make sure that the person signing the contract has\n the legal right for signature.<\/p>\n \n\n \n

An asylum seeker needs to have an official permission to work in Finland. A residence permit is not needed to work as an employee. The permission to work gives the right to have a paid job or apprenticeship. Without the permission\n to work an asylum seeker can only have unpaid internship or do unpaid voluntary work.<\/p>\n \n\n \n

If an asylum seeker has received a negative decision, his or her working permit is no longer valid from the moment the decision is legit. In practice this means that a complaint or a claim for correction has not been made in a given\n time. Working does not affect the process of getting an asylum or being rejected an asylum. You can hire an asylum seeker and most of the asylum seekers work or study.<\/p>\n \n\n \n

The law of equality and parity forces the employers to prevent discrimination in the working life. The determination of the availability of labor made by the Public Employment Office is not considered discrimination. Person coming\n outside the European Union or ETA countries can have a residence permit for an employed person but it depends on the situation on the domestic job market. If the domestic job market is saturated and workforce is available in Finland,\n it is not easy to get a residence permit for a employed person. The availability consideration does not hinder asylum-seekers from working if a person already has a working permit based on the asylum seeking process; the availability\n consideration only affects the possibility of getting a residence permit for a employed person.<\/p>\n \n\n \n

If a company wants to offer an orientation period for an asylum seeker, the phase or status of the asylum seeking process should be checked. In case of persons with a negative decision – when they still reside lawfully in the country\n – it is best to organize the company orientation with no salary. A company may consider paying salary during the orientation if the person has a valid working permit e.g. if the person has made a complaint on the decision on time\n or the person is reapplying an asylum with a different reason. The company is responsible for the costs of the orientation. <\/p>\n \n\n \n

A Finnish company can make a contract with the asylum seeker having a negative decision. The contract can assign the person with a negative decision for asylum to operate in Iraq as an independent representative, retailer, sales agent,\n or a subcontractor for the Finnish company. Hiring the asylum seeker who has received a negative decision and has no valid working permit is possible if the Finnish company has an office in Iraq and the employee is working and staying\n in Iraq..<\/p>\n \n\n \n

This however, requires registering the Finnish company in Iraq which is not necessarily purposeful. An asylum seeker with a negative decision can start up a business in his\/her own country if he or she chooses to return voluntarily\n into the home country. A negative decision on asylum by no means prevents creating business relations with a Finnish company. Starting a partnership, possibly setting up a private business in Iraq, and a voluntary return do not mean\n that the asylum seeker would get a guarantee of the asylum if he or she chose to reapply it later.<\/p>\n \n\n \n

Additional information<\/h5>\n \n\n \n

\n To become an entrepreneur in Finland (infofinland.fi)<\/a>\n <\/p>\n \n\n \n

\n www.sak.fi<\/a>\n <\/p>\n \n\n \n

2. Wage subsidy<\/h2>\n \n\n \n

If an employer hires an unemployed job seeker, the employer may get a wage subsidy. Wage subsidy is admitted with consideration. It is admitted by the public employment office if the person hired is lacking some professional competency.\n The length of unemployment affects the amount and duration of the wage subsidy.<\/p>\n \n\n \n

The salary paid to employees must equal the salary defined in work contract. Wage subsidy can be admitted to a permanent or temporary job. <\/p>\n \n\n \n

Additional information<\/h5>\n \n\n \n

\n Public Employment Office web page<\/a>\n <\/p>\n \n\n \n

4. Immigrant or asylum seeker as an employee or entrepreneur<\/h2>\n \n\n \n

To become an employee requires a valid work permit of an asylum seeker. If a company is hiring an asylum seeker as an employee, the same collective agreements are used as with any other employee. The contracts follow the Finnish labour\n code as well as collective agreements and conditions of each professional field. It is the employer’s duty to find out if the asylum seeker has a work permit. If this duty is overlooked, the employer may be charged of a crime or\n a violation of law. An asylum seeker will get a permission to work three months after his or her arrival to Finland. If the person does not have a valid passport or other travel document available, the work permit is given after\n six months.<\/p>\n \n\n \n

Asylum seekers cannot start up a business in Finland. Unless the immigrant lives on any ETA or European Union country permanently, he\/she needs an entrepreneur’s residence permit to be able to conduct professional business operations\n in Finland. Residence permit is not granted solely based on owning a business but working in the business is required. The work must also take place in Finland. The residence permit is normally applied before arriving in Finland.\n The permit can be applied electronically via Enter Finland service. In addition, a person has to identify and present the original documents in the office after arrival. The residence permit can be applied with a written application\n document which is submitted into the Finnish Embassy of the country where the person currently lives.<\/p>\n \n\n \n

The entrepreneur’s residence permit is handled in two phases. First, the ELY Centre (Centre for Ecnomic Development, Transport and the Environment) makes a partial decision. It estimates if the business operations are  profitable\n and if it is enough for making a living in Finland. The profitability of the operations are estimated on the basis of the business model plan, pre-contracts and financing. When the initial decision is ready the migration office will\n handle the application and make the final decision. An entrepreneur can also apply for a startup business permission. A start-up entrepreneur has to acquire a positive declaration given by Business Finland before applying for a residence\n permit in the migration office.<\/p>\n \n\n \n

A person with a negative decision can freely go back to his or her home country and start a business there. In Finland they cannot set up a private business. Setting up a company in Finland always requires a residence permit if the\n person does not have a permanent place of residence in ETA or European union country or in Switzerland. Thus, setting up a business in Finland is not based on citizenship but on permanent residency or residence permit. Some asylum\n seekers apply for a residence permit for employed person after having a negative decision, but in this case consideration of available workforce affects the admittance of the residence permit. Finnish citizens as well as the European\n Union or ETA country citizens are priorities in recruiting new employees. If a suitable worker is not available from these groups can an immigrant be admitted a residence permit for employed person. The availability consideration\n is done by the public employment office and the migration offers respect and follows this decision when they make solutions for resident permanent residence permit applications.<\/p>\n \n\n \n

If an asylum seeker returns to his or her home country and starts a business there, a partnership deal with a Finnish company can apply several forms of reimbursement. These contract forms are summarized in the next chapter.<\/p>\n \n\n \n

Additional information<\/h5>\n \n\n \n

\n https:\/\/enterfinland.fi\/eServices<\/a>\n <\/p>\n \n\n \n

\n Centre for Economic Development, Transport and the Environment – web page<\/a>\n <\/p>\n \n\n \n

\n Finnish Immigration Service – web page<\/a>\n <\/p>\n \n\n \n

\n The Finnish Enterprise Agencies – web page<\/a>\n <\/p>\n \n\n \n

5. Contract options as an employee and entrepreneur<\/h2>\n \n\n \n

Commission salary<\/h4>\n \n\n \n

In addition to getting a monthly salary a commission salary can be paid, based on the sales results. The commission amount and payday is defined in the job contract. The reward e.g. provision can be calculated in different ways. For\n example a salesman can sell products and a predefined percentage of profits goes to the seller and the rest is accounted to the main company. Or, commission can be based on the amount of sold items or the amount of overall profit.\n The amount of commission can increase cumulatively; for instance that the more you sell the more commission you get. Asylum seekers do not necessarily know the concept of commission salary. Be clear when you agree on the commission\n percentage, and about the amount of sales profit it is paid for. It is also worth defining when commission is paid and when not.<\/p>\n \n\n \n

Sales representative<\/h4>\n \n\n \n

A sales representative is an employee which works for the company for sample by selling the company\u2018s products, marketing the products, or producing customer service to the mother company.<\/p>\n \n\n \n

The sales representative is on the mother company\u2019s payroll. He is not an individual entrepreneur such as a sales agent. The customers of a sales representative are other businesses officials and organizations – they do not sell directly\n to individual consumers.<\/p>\n \n\n \n

A sales representative may have a basic salary, and additional provision is paid based on the actual sales or invoicing afterwards. A sales agent is an independent operator and a sales representative is an employee.<\/p>\n \n\n \n

Subcontractor<\/h4>\n \n\n \n

A subcontractor is an individual person or in many cases of company which is committed to acquiring or implementing a task or preparing a product as described in a separate contract. A subcontractor has not made the contract directly\n with the end customer, but they use one or more dealers (so called middle man companies). <\/p>\n \n\n \n

If an asylum seeker works as a subcontractor for Finnish company, a written contract should be drafted. Define the length or validity period of the subcontracting deal, specify which criteria are used and which operations are included\n in the contract.<\/p>\n \n\n \n

Private entrepreneur<\/h4>\n \n\n \n

A person who owns his\/ her own company and is financially responsible for it, is called a private entrepreneur. In practice an asylum seeker may set up a business in his\/ her home country and operate as a retailer for a Finnish company\n or its product. Private entrepreneurs can freely define which goods or services they sell. A private entrepreneur can also hire more employees when the company\u2018s financial situation is good.<\/p>\n \n\n \n

A private entrepreneur can also be a franchising operator. This means that the entrepreneur gets a ready-made business model or concept and trademarks for his or her use on the basis of the franchising deal. This kind of operational\n model requires a detailed written contract.<\/p>\n \n\n \n

Before setting up a business the person should draft a business model plan for designing a profitable business:<\/p>\n \n\n \n