Pursuant to section 5¹ of the Working Conditions of Employees Posted to Estonia Act, employees posted to Estonia must be registered with the Labour Inspectorate. The employer of a posted worker must register the employees being posted to Estonia prior to the employee actually starting work in Estonia.
To register, you must fill in the registration form and send it to the Labour Inspectorate by e-mail to [email protected]. In the event of a change in the information, a corresponding notice must be submitted to the Labour Inspectorate at the same e-mail address before the change enters into force.
The following data must be submitted to the Labour Inspectorate:
- the name, personal identification code or registry code, area of activity, and details of the residence or location and means of communication of the employer of the posted worker;
- the name and details of communication of the contact person representing the employer of the posted worker;
- the number of posted workers, their names, personal identification codes or dates of birth, and numbers of identity documents;
- the expected duration of the posting and the scheduled start date and end date;
- the name, personal identification code or registry code, area of activity, and details of the residence or location and means of communication of the contracting entity or contracting authority and/or person for whom the posted employee works in Estonia;
- the name, personal identification or registry code, field of activity, residence or seat and means of communication of the contact person for the contracting authority and/or person for whom the posted employee works in Estonia;
- information regarding in which area of activity the posted employee will be working in Estonia, and the address of the place of performance of work of the posted worker.
In the event of failure to comply with the requirement to register employees that have been posted to Estonia, the Labour Inspectorate has the right to assign a penalty of up to 300 fine units to a natural person and up to 32 000 euros to a legal person. The Labour Inspectorate has the right to disclose personal data submitted to the Labour Inspectorate to ensure the performance of tasks assigned to the Tax and Customs Board by tax laws.
Duration and extension of the posting
The employer must apply the working conditions prescribed in section 5 subsection 1 of the Working Conditions of Employees Posted to Estonia Act to an employee who has been posted to Estonia for a posting of up to 12 months. If the posting lasts for more than 12 months, the employer is required to guarantee the employee all working conditions in force in Estonia (except for the rights and obligations related to concluding and terminating the employment contract, including the restriction on competition that is valid following the termination of employment and occupational pension schemes). For example, if a posted worker must be guaranteed the duration of annual leave from the beginning of his or her posting in accordance with Estonian law, then after 12 months he or she will also be subject to the Estonian employment law in regards to scheduling annual leave and expiry of annual leave.
If the employer has replaced the posted worker with another posted worker performing the same duty in the same place, the duration of the postings of the employees is added up (e.g. if the first posted worker installed pipes on the site and left after eight months, and another posted worker took their place installing pipes on the same site, it is sensible to add up the durations of the two postings of the posted workers in Estonia. If the other employee works for more than four months, they are considered a long-term posted worker after the completion of four months and the other employee becomes subject to all Estonian employment law from the fifth month of their employment).
A 12-month period can be extended to 18 months. To obtain an extension, a reasoned notice must be submitted to the Labour Inspectorate in a form that can be reproduced in writing. The notice must be reasoned, i.e. it must be stated why the posted worker needs to remain in Estonia for more than 12 months. The request for an extension must be sent to the Labour Inspectorate’s e-mail address [email protected]
If the posting lasts for more than 18 months, all working conditions in force in Estonia must be applied to the employee (except for the rights and obligations related to concluding and terminating the employment contract, including the restriction on competition that is valid following the termination of employment and occupational pension schemes).
If the long-term posted worker is a temporary agency worker, the user undertaking must inform the employer which working conditions shall apply to the employee after 12 or 18 months have passed.
Submission of documents necessary for the performance of state or administrative supervision
At the request of the Labour Inspectorate, the employer of a posted worker is required to immediately submit to the Labour Inspectorate the documents necessary for the performance of state or administrative supervision.
The documents in question may be:
- an employment contract,
- A1 certificate (social insurance certificate),
- working schedule,
- extract regarding the payment of wages, or
- any other document that can be used to prove compliance with the terms and conditions of employment applicable to the posted worker.
We accept documents in Estonian, English and Russian. However, in accordance with the Language Act the Labour Inspectorate preserves the right to require the person who submits the document to submit the translation of the document into Estonian, should it be necessary.
The Labour Inspectorate has the right to request documents for a period of three years after the end of the employee’s posting period. The employer of a posted worker is required to submit to the Labour Inspectorate, at the request of the Labour Inspectorate, the documents necessary for the performance of state or administrative supervision. If the employer fails to submit the required information or documents concerning the employees posted to Estonia, the Labour Inspectorate has the right to issue a precept and, in the event of non-compliance, to impose a penalty payment on the employer.
If you have any questions regarding the registration of employees posted to Estonia or the working conditions of employees posted to Estonia, you can contact a counselling lawyer or work environment consultant of the Labour Inspectorate. The counselling lawyer answers questions related to employment relations, the work environment consultant answers questions related to work environment safety and occupational health.
The Labour Inspectorate currently provides counselling services by telephone (+372 640 6000) and via e-mail ([email protected]). The counselling service of the Labour Inspectorate is free of charge.
The counselling lawyer and work environment consultant can be contacted in Estonian, English and Russian. In order to receive an answer in English or Russian, please indicate the preferred language in your request.
Last updated: 26.09.2022