Registration of the posted workers
Regarding the implementation of the Enforcement directive of posted of workers (2014/67/EU) into Estonian national law, the new redaction of Working Conditions of Employees Posted to Estonia Act came into force at the 17.12.2016. In accordance with the above mentioned Act article 51 beginning from the 17.12.2016, the employer is obligated to register its workers posted to Estonia in the Labour Inspectorate of Estonia electronically by sending the e-mail to the address: posting|ät|ti.ee with the following data:
- Employer´s name, personal or business ID (registration number in the Commercial Register), sphere of activity, place of residence/location and data about the means of communication (telephone, e-mail etc.);
- Name of the representative or a contact person of the posted worker´s employer and data about his/her means of communication;
- Number of workers posted to Estonia, their names and personal identification numbers or dates of birth;
- Presumed duration of the posting and the start and end date of the posting;
- Name of the service provider and/or the sole proprietor for whom the posted employee works in Estonia, his/her personal or business ID, sphere of activity, place of residence or location and data about the means of communication;
- Name of the representative or a contact person of the service provider and/or the sole proprietor for whom the posted employee works in Estonia and the data about the means of communication;
- The work the employee performs or will perform in Estonia and the address of the location where the work is/will be performed.
The above mentioned data needs to be presented to the Labour Inspectorate electronically by e-mail no later than the day the posted employee starts working in Estonia.
Submission of data and documents
If so demanded by the Labour Inspectorate, the employer of the posted worker is required to submit to the Labour Inspectorate promptly documents needed for state or administrative supervision. Such a document may be: contract of employment, working time schedule, statement on payment of wages or any other document on which basis it can be demonstrated that the working conditions applicable to the posted worker have been complied with. The Labour Inspectorate may request documents up to seven years after the end of the employee’s posting period (§ 12 (1) of the Accounting Act).
Cross-border notification and enforcement of a financial administrative measure
Under the Working Conditions of Employees Posted to Estonia Act, a foreign state may submit a request to the Republic of Estonia for imposition on an employer of a financial administrative measure for the failure to comply with the requirements applicable to the posting of employees. When such an administrative measure has been imposed, the Labour Inspectorate is the implementing authority for the cross-border notification and submission for enforcement who is required to notify the person of a decision to impose a financial administrative measure and of documents pertaining to the decision as well as of the possibility of contesting the decision in the country where it was made at the first opportunity but no later than within one month as of the receipt of the request.