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Legislation

The following legal acts regulate working life in Estonia:

The Employment Contracts Act (ECA) regulates the relations between the employee and the employer that arise out of the employment contract. The Act brings together the norms regulating individual employment relations, including rules applicable to entry into and termination of employment contracts, wages, working and rest time, holiday and material liability. It is important to keep in mind that in case of a dispute, the final solution is provided by a labour dispute committee or court. The ECA can be accessed from the online Riigi Teataja (State Gazette): https://www.riigiteataja.ee/akt/107122016011?leiaKehtiv

 

The Working Conditions of Employees Posted to Estonia Act (WCEPEA) – the objective of the Act is to ensure the protection of the rights of employees posted to Estonia from a foreign state and fair competition among employers providing the service. The WCEPEA can be accessed from the online Riigi Teataja: https://www.riigiteataja.ee/akt/129062018080?leiaKehtiv

 

Aliens Act regulates the entry of aliens (excluding citizens of the member states of the European Union, citizens of the member states of the European Economic Area, or citizens of the Swiss Confederation and their family members, who have a legal right of stay or residence in Estonia for the purposes of the Citizen of the European Union Act) into Estonia and their rights and obligations while living, staying, or working in Estonia. The Aliens Act can be accessed from the online Riigi Teataja: https://www.riigiteataja.ee/en/eli/ee/503072020001/consolide/current

 

Labour Dispute Resolution Act regulates the settlement of labour disputes in labor dispute committees and courts, the formation and procedure of labour dispute committees. The Labour Dispute Resolution Act can be accessed from the online Riigi Teataja: https://www.riigiteataja.ee/en/eli/ee/506022018004/consolide/current

 

The Equal Treatment Act (ETA) – the purpose of the Act is to ensure persons are protected against discrimination on grounds of nationality (ethnic origin), race, colour of skin, religion or other beliefs, age, disability or sexual orientation. The ETA can be accessed from the online Riigi Teataja: https://www.riigiteataja.ee/en/eli/ee/530102013066/consolide/current

 

The Gender Equality Act (GEA) – the purpose of the Act is to ensure equal treatment of men and women as provided for in the Constitution of the Republic of Estonia and to promote equality of men and women as a fundamental human right and for the public good in all areas of social life. The GEA can be accessed from the online Riigi Teataja: https://www.riigiteataja.ee/en/eli/ee/521012016001/consolide/current

 

The Private International Law Act (PILA) – the Act applies in cases where a legal relationship is connected with the law of more than one state. If, according to an Act, international agreement or transaction, foreign law is to be applied, the court applies such law regardless of whether or not application of the law is requested. Foreign law is applied pursuant to the interpretation and practice of application of the applicable law in the corresponding state. The PILA can be accessed from the online Riigi Teataja: https://www.riigiteataja.ee/en/eli/ee/514032016002/consolide/current

 

Occupational Health and Safety Act

This act provides for the occupational health and safety requirements set for work performed by employees and officials, the rights and obligations of an employer and an employee in creating and ensuring a working environment which is safe for health, the organisation of occupational health and safety in enterprises and at the state level, and the liability for violation of the occupational health and safety requirements. The act is available on the website of Riigi Teataja: https://www.riigiteataja.ee/akt/109072020007?leiaKehtiv

 

 

European Parliament and Council regulation (EC), 17 June 2008, No 593/2008 (Rome I) – the regulation applies, in situations involving a conflict of laws, to contractual obligations which allows the parties free choice of the law applicable to employment contract. Such a choice may not, however, have the result of depriving the employee of the protection afforded to him or her by provisions that cannot be derogated from by agreement. To the extent that the applicable law has not been chosen by the parties, the employment contract is governed by the law of the country where the country in which the employee habitually carries out his or her work in performance of the contract. Where such a country cannot be determined, the contract shall be governed by the law of the country where the place of business through which the employee was engaged is situated. Where it appears from the circumstances as a whole that the contract is more closely connected with another country, the law of that other country applies.

For more information on the regulation, access the European Community law Web page EUR-Lex: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32008R0593

 

European Parliament and Council directive 96/71/EC, 16 December 1996, concerning the posting of workers in the framework of the provision of services – the directive applies to undertakings established in a Member State which, in the framework of the transnational provision of services, post workers for a limited period to the territory of a Member State other than the State in which they normally work.

For more information on the directive, access the European Community law Web page EUR-Lex: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A31996L0071

 

European Parliament and Council Directive 2014/67/EU, 15 May 2014, on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (IMI Regulation) – this is the implementing directive of posted workers to enhance the application and actual enforcement of the posting of workers directive 96/71/EC, ensuring better protection of posted workers and better envisaged and more transparent legal framework for service providers.

For more information on the directive, access the European Community law Web page EUR-Lex: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32014L0067

 

Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71 / EC concerning the posting of workers in the framework of the provision of services - This Directive is an amending Directive which addresses the problems encountered in practice introduce measures to better protect the rights of posted workers, eliminate unreasonable responsibilities and enhance monitoring: https://eur-lex.europa.eu/eli/dir/2018/957/oj