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: firstname.lastname@example.org 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 (date of birth only in cases when ID code is not issued);
- 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 employer of a posted employee shall provide the Labour Inspectorate with the data specified in subsection (1) of this section via e-mail before the posted employee commences the performance of work in Estonia.
Registration application (DOCX)
Submission of documents required for state or administrative supervision
Upon the Labour Inspectorate’s request, the employer of a posted worker is immediately required to provide the Labour Inspectorate any documents necessary for state or administrative supervision.
This document can be:
- employment contract
- employment schedule
- statement confirming payment of wages, or
- any other document confirming the observance of the terms and conditions of employment applicable to the posted worker.
The Labour Inspectorate has the authority to request such documents for up to 7 years (subsection 12 (1) of the Accounting Act) after the conclusion of the worker’s posting period. Upon the Labour Inspectorate’s request, the employer of a posted worker is required to provide the Labour Inspectorate any documents necessary for state or administrative supervision. If the employer fails to present the data or documents requested with regard to workers posted to Estonia, the Labour Inspectorate is authorised to issue a relevant precept and, in case of non-compliance with the precept, impose a penalty payment. The maximum amount of the penalty payment is 9,600 euros.