Sample claims and deadlines

A petition for establishing an employment relationship can be made in a situation where an employee does not have a written employment contract (for example, in the case of an employment relationship agreed verbally) or in a situation where a contract under the law of obligations has been concluded (such as an authorisation agreement or a contract for services) but the nature of employment corresponds to a relationship based on an employment contract.

The employee’s data is entered in the employment register by the employer, who is responsible for the accuracy of the information. If information about a contract under the law obligations concluded with an employee has not been entered to the employment register or there is no record of the employee working for the employer, the employee can request that the labour dispute committee correct the information in the employment register. The labour dispute committee does not correct the employment register entries on its own initiative. A party must file a petition to that effect. The labour dispute committee corrects the information in the employment register only if the fact of an existing employment relationship has been established. The labour dispute committee changes the employment register data only based on a decision which has taken effect.

Possible formulation of the claims in a labour dispute petition:

1. establish an employment relationship based on an employment contract between the employer and the employee for the period from dd.mm.yyyy to dd.mm.yyyy;
2. add an entry about the employee’s employment contract to the employment register.

For more information about concluding an employment contract, please visit the Tööelu (Working Life) portal.

For more information about changing the entries in the employment register, please follow this link.

It is possible to request that a committee establish the fact of a termination of an employment contract in situations where an employment contract concluded between an employee and an employer has expired (for example, due to an agreement between the parties, the lapse of a deadline or based on a declaration of cancellation of the employment contract).

The employee’s data is entered in the employment register by the employer, who is responsible for the accuracy of the information. The employer is responsible for entering information about the expiry of an employee's employment contract in the employment register. If an employer has not added the information about the expiry of an employment contract to the employment register, an employee can file a petition with a labour dispute committee for this information to be corrected in the employment register. The labour dispute committee does not correct the employment register entries on its own initiative. A party must file a petition to that effect. The labour dispute committee only corrects the information in the employment register if it has established that the employment contract has expired. The labour dispute committee changes the employment register data only based on a decision which has taken effect.

Possible formulation of the claims in a labour dispute petition:

1. establish the termination of the employment contract concluded between the employer and the employee;
2. add an entry in the employment register about the expiry of the employment contract.

For more information on the expiry of an employment contract, please visit the Tööelu (Working Life) portal.

For more information about changing the entries in the employment register, please follow this link.

It is possible to petition to establish the cancellation of an employment contract as null and void in situations where an employee does not agree with the declaration of cancellation of the employment contract presented by the employer.  For establishment of voidness of cancellation of employment contract, a labour dispute committee must be contacted within 30 calendar days as of the receipt of the declaration of cancellation.

If a labour dispute committee establishes that the cancellation of the employment contract is null and void, this creates a situation where the declaration of cancellation has not really cancelled an employment contract. In this instance, both parties to a labour dispute can request that the employment contract be terminated by the labour dispute committee.

The parties can request that the labour dispute committee amend the information in the employment register. The labour dispute committee does not correct the employment register entries on its own initiative. A party must file a petition to that effect. The labour dispute committee only corrects the data in the employment register once it has established that the cancellation of an employment contract is null and void and the committee terminates the employment contract itself. The labour dispute committee changes the employment register data only based on a decision which has taken effect.

Possible formulation of the claims in a labour dispute petition:

1. establish the cancellation of the employment contract concluded between the employer and the employee as null and void;
2. terminate the employment contract via the labour dispute committee pursuant to subsection 107(2) of the Employment Contracts Act;
3. add an entry in the employment register about the expiry of the employment contract.

For more information about the termination and cancellation of and contesting an employment contract, please visit the Tööelu (Working Life) portal.

For more information about changing the entries in the employment register, please follow this link.

It is possible to submit a claim for unpaid wages, incl. various wage components, in a situation where an employee has earned the wages but the employer has failed to pay the agreed wages and/or remuneration stipulated by law. A recourse to the labour dispute committee is only possible for wages which have become collectible. Remuneration and wages become collectible on pay days. If an employer does not pay the wages (or various wage components) on a pay day, an employee may have recourse to a labour dispute committee to claim the unpaid wages. A petition of an employee must include the claims and the process of calculation of the amount of claim.

Possible formulation of a claim in a labour dispute petition:

order the payment of wages in the amount of X euros to the employee by the employer.

The wages can consist of several components. For example, wages include remuneration for working at night time, remuneration for working during public holidays, remuneration for overtime, and remuneration for the time when an employer failed to provide an employee with work but the employee was ready to work (pursuant to section 35 of the Employment Contracts Act).

In a petition, an employee must provide the individual calculations of different types of remuneration.

Labour Dispute Resolution Act § 65 (1): At the request of a party, the labour dispute committee may declare a decision ordering payment of wages to be subject to immediate enforcement to the extent essential for the employee but not exceeding the extent of two months’ wages.

For more information on remuneration and its components, please visit the Tööelu (Working Life) portal.

When an employer and employee have agreed that the employer pays additional remuneration based on the economic performance (for example, the profit or turnover) or on a contract concluded between the employer and a third party and the employer has failed to pay the remuneration, the employee can file a petition with a labour dispute committee. A recourse to the labour dispute committee is only possible for wages which have become collectible.  Remuneration paid on economic performance becomes collectible after determining the part payable of economic results or on another date agreed between the employer and the employee, but not later than six months after approval of the annual report of the employer. Remuneration paid on transactions becomes collectible from the time the employer has fulfilled its obligations to a third party arising from a contract mediated or concluded by the employee or on another date agreed between the employer and the employee.

Possible formulation of a claim in a labour dispute petition:

• order the employer to pay remuneration to the employee based on economic results in the amount of X euros;
• order the employer to pay remuneration to the employee based on transaction(s) in the amount of X euros.

For more information on the remuneration payable based on economic results and transactions, please visit the Tööelu (Working Life) portal.

It is possible to file a claim for remuneration for on-call time if an employer and an employee have agreed that the employee will be on call but the employer has not paid the remuneration for the on-call time to the employee. A recourse to the labour dispute committee is only possible for wages which have become collectible. The claim for remuneration for on-call time becomes collectible on pay day, unless otherwise agreed by the parties.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay remuneration to the employee for on-call time in the amount of X euros.

For more information about being on call and the payable remuneration, please visit the Tööelu (Working Life) portal.

It is possible to file a claim for compensation for proprietary liability only if the parties have agreed on the proprietary liability. A claim can be filed with a labour dispute committee only for compensation which has become collectible. The claim for compensation for proprietary liability becomes collectible on the date agreed between the employer and the employee.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay compensation to the employee for proprietary liability in the amount of X euros.

For more information about proprietary liability and the compensation payable, please visit the Tööelu (Working Life) portal.

It is possible to file a claim for compensation for restraint of trade only if parties have agreed on the restraint of trade which will continue to be valid after the end of the employment relationship. A claim can be filed with a labour dispute committee only for compensation which has become collectible. The claim for compensation for restraint of trade clause becomes collectible on the date agreed between the employer and the employee.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay compensation to the employee for complying with the restraint of trade in the amount of X euros.

For more information on the restraint of trade and the payable compensation, please visit the Tööelu (Working Life) portal.

A claim for daily allowance related to a business trip abroad can only be filed if an employer has sent an employee on a business trip abroad but has failed to pay the daily allowance for the assignment abroad. Recourse to the labour dispute committee is only possible for wages which have become collectible. The claim for daily allowance for a business trip becomes collectible on pay day.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay to the employee the daily allowance related to the business trip abroad in the amount of X euros.

It is possible to file a claim for the compensation of expenses incurred in the performance of duties only if an employee has borne reasonable expenses related to the performance duties, which the employer was obligated to pay. A claim can be filed with a labour dispute committee only for compensation which has become collectible. The claim for compensation for expenses becomes collectible on the pay day following expenditure by the employee.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay compensation to the employee for expenses incurred in the performance of duties in the amount of X euros.

Sickness benefit can be claimed in a situation where the employee has been on sick leave but the employer has not paid sickness benefit to the employee for the fourth until the eighth calendar day of sick leave. Only compensation which has become collectible can be claimed through a labour dispute committee. The claim for sickness benefit becomes collectible on pay day or within 30 calendar days as of being informed by the employee of the discontinuance of an electronic certificate for sick leave.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay sickness benefit to the employee in the amount of X euros.

For more information on the sickness benefit payable by the employer, please visit the Tööelu (Working Life) portal.

A claim for holiday pay can only be filed if an employee has taken a holiday but their employer has failed to pay a holiday pay. Recourse to the labour dispute committee is only possible for wages which have become collectible. The claim for holiday pay becomes collectible on the penultimate calendar working day before the start of the holiday or on the pay day following the holiday.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay holiday pay to the employee in the amount of X euros.

For more information about holiday pay, please visit the Tööelu (Working Life) portal.

A claim for holiday compensation can only be filed if an employer has not paid holiday compensation to an employee for the unused annual holiday which had not expired upon the termination of an employment contract. A claim can be filed with a labour dispute committee only for compensation which has become collectible. The claim for compensation for unused holiday becomes collectible on the last day of the employment relationship.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay compensation to the employee for unused holiday in the amount of X euros.

For more information on the payment of compensation for unused holiday, please visit the Tööelu (Working Life) portal.

It is possible to file a claim for compensation for violation of the term of advance notice (calculated in days) if an employer, when cancelling an employment contract, fails to comply with the term of advance notice, which is based on the duration of the employment relationship. A claim can be filed with a labour dispute committee only for compensation which has become collectible. The claim for compensation for violation of the term for advance notice becomes collectible on the last day of the employment relationship.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay compensation to the employee for a violation of the term of advance notice in the amount of X euros.

For more information on compliance with the term of advance notice for cancellation of an employment contract and the compensation payable in the case of a violation of this term, please visit the Tööelu (Working Life) portal.

A claim for compensation payable upon the cancellation of an employment contract as stipulated in subsection 100(4) of the Employment Contracts Act can only be filed if an employee has cancelled an employment contract extraordinarily due to a violation by an employer based on subsection 91(2) of the Employment Contracts Act and the employer has failed to pay additional compensation to the employee in accordance with subsection 100(4) of the Employment Contracts Act. A claim can be filed with a labour dispute committee only for compensation which has become collectible. The claim for compensation pursuant to subsection 4 of § 100 of the Employment Contracts Act becomes collectible on the last day of the employment relationship.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay compensation to the employee for the extraordinary cancellation of the employment contract pursuant to subsection 100(4) of the Employment Contracts Act in the amount of X euros.

For more information on the compensation payable pursuant to subsection 100(4) of the Employment Contracts Act, please visit the Tööelu (Working Life) portal.

A claim for a redundancy payment can only be filed if the employment contract of an employee has been terminated due to a lay-off but the employer did not pay the employee any redundancy payment upon cancellation of the employment contract. A claim can be filed with a labour dispute committee only for compensation which has become collectible. The claim for redundancy benefit becomes collectible on the last day of the employment relationship.

Possible formulation of a claim in a labour dispute petition:

order the employer to pay a redundancy payment to the employee in the amount of X euros.

For more information on lay-offs and redundancy payments, please visit the Tööelu (Working Life) portal.

An employee can file a claim for compensation pursuant to subsections 109(1) or 109(2) of the Employment Contracts Act only if the employee has contested the declaration of cancellation of the employment contract made by the employer and a labour dispute committee has established that the declaration of cancellation of the employment contract is null and void. The prerequisite for ordering the payment of compensation stipulated in subsections 109(1) or 109(2) of the Employment Contracts Act is the termination of an employment contract by a labour dispute committee pursuant to subsection 107(2) of the Employment Contracts Act, which is why an employee must request that a labour dispute committee terminate the labour contract. It is possible to require an employer to pay compensation pursuant to subsections 109(1) or 109(2) of the Employment Contracts Act only under the aforementioned circumstances.

Possible formulation of a claim in a labour dispute petition:

1. establish the cancellation of the employment contract concluded between the employer and the employee as null and void;
2. terminate the employment contract via the labour dispute committee pursuant to subsection 107(2) of the Employment Contracts Act;
3. add an entry in the employment register about the expiry of the employment contract.
4. order the employer to pay compensation to the employee in the amount of X euros.

For more information on contesting a cancellation of an employment contract and on the compensation payable pursuant to subsections 109(1) or 109(2) of the Employment Contracts Act, please visit the Tööelu (Working Life) portal.

For more information about changing the entries in the employment register, please follow this link.

An employee can claim compensation for damage from an employer only if the behaviour of the employer (action or inaction) has caused damage to the employee. The damage may be material or non-material (i.e. moral damage).

Possible formulation of a claim in a labour dispute petition:

order the employer to pay compensation for damage to the employee in the amount of X euros.

A claim for a penalty can be filed if an employer has delayed the payment of any type of remuneration to the employee. A penalty is a subsidiary claim and therefore must be submitted together with a principal claim. For example, if an employer has not paid wages to an employee on the pay day, the employee can petition to a labour dispute committee for the payment of unreceived wages and a penalty for each day of late payment.

Possible formulation of a claim in a labour dispute petition:

1. order the payment of wages in the amount of X euros to the employee by the employer.
2. order the employer to pay a penalty to the employee for late payment as at the date of filing the petition (i.e. 1 May 2022) in the amount of X euros, and starting from 2 May 2022 until the conforming performance of the obligation, in the amount of X% of the main claim.

Labour Dispute Resolution Act § 65 (1): At the request of a party, the labour dispute committee may declare a decision ordering payment of wages to be subject to immediate enforcement to the extent essential for the employee but not exceeding the extent of two months’ wages.

For more information on the penalty on late payment, please visit the Tööelu (Working Life) portal.

An employer can file a claim to establish that an extraordinary cancellation of an employment contract is null and void when an employee has made a declaration of extraordinary cancellation of an employment contract but the employer believes that the employee has no valid reason for this. For establishment of voidness of cancellation of employment contract, a labour dispute committee must be contacted within 30 calendar days as of the receipt of the declaration of cancellation.If a committee establishes that the employee’s application for an extraordinary cancellation of the employment contract is null and void, the termination of the employment contract is considered to be ordinary.

Possible formulation of a claim in a labour dispute petition:

• establish the cancellation of the employment contract concluded between the employer and the employee as null and void;
• consider the employment contract to be terminated ordinarily pursuant to subsection 85(4) of the Employment Contracts Act.

For more information on contesting the cancellation of an employment contract, please visit the Tööelu (Working Life) portal.

An employer can claim compensation for damage from an employee if the behaviour of the employee (action or inaction) has caused damage to the employer (e.g. violating the duty to maintain confidentiality, breaching the restraint of trade clause obligation, failing to commence employment, leaving the place of work without notice, non-performance of professional duties, breach of the agreement of proprietary liability).

Possible formulation of a claim in a labour dispute petition:

order the employee to pay compensation for damage to the employer in the amount of X euros.

An employer can file a claim for a contractual penalty against an employee only if the parties have agreed on applying a contractual penalty (for example, for violating the duty to maintain confidentiality, breaching the restraint of trade clause obligation, due to the employee failing to commence employment or leaving the place of work without authorisation).

Possible formulation of a claim in a labour dispute petition:

order the employee to pay a contractual penalty to the employer in the amount of X euros.

An employer can file a claim against an employee for the recovery of overpaid wages if the employer has paid more in wages to the employee than the latter has earned.

Possible formulation of a claim in a labour dispute petition:

order the employee to refund the overpaid wages to the employer in the amount of X euros.

An employer can file a claim against an employee for the compensation for training expenses only if the employer and the employee have a valid agreement on compensation for training expenses and the employee terminates the employment contract before the end of the binding period (except if the employment contract is terminated due to a violation of the employer) or the employer cancels the employment contract extraordinarily due to a serious violation by the employee.

Possible formulation of a claim in a labour dispute petition:

order the employee to compensate the employer for training expenses in the amount of X euros.

It is possible to file a claim for compensation for violation of the term of advance notice in the case of termination of an employment contract (calculated in days) only if an employee has not complied with the term of advance notice when cancelling an employment contract.  The claim for compensation for violation of the term for advance notice becomes collectible on the last day of the employment relationship.

Possible formulation of a claim in a labour dispute petition:

Order compensation from the employee in favour of the employer in the amount of X euros for the period that advance notice of cancellation of the employment contract was given less.

For more information on compliance with the term of advance notice for cancellation of an employment contract and the compensation payable in the case of a violation of this term, please visit the Tööelu (Working Life) portal.