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Registration and provision of data

Pursuant to § 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 by sending the necessary data via e-mail in a form that can be reproduced in writing to the Labour Inspectorate, to the address posting@ti.ee. 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:

  1. 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;
  2. the name and details of communication of the contact person representing the employer of the posted worker;
  3. the number of posted workers, their names, personal identification codes or dates of birth, and numbers of identity documents;
  4. the expected duration of the posting and the scheduled start date and end date;
  5. 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;
  6. 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;
  7. 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 pursuant to § 93 of the Working Conditions of Employees Posted to Estonia Act.

Pursuant to subsection 51 (6) of the Working Conditions of Employees Posted to Estonia Act, 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.

 

File is renewed every Monday

 
 

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,
  • A certificate (so-called A1 certificate) issued on the basis of Article 19 (2) of Regulation (EC) No. 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, pp.1–42).
  • 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.

The Labour Inspectorate has the right to request documents for a period of three years after the end of the employee’s posting period (subsection 51 (5) of the Working Conditions of Employees Posted to Estonia Act). 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.