Case law of the Estonian Supreme Court
04.03.2015 3-2-1-176-14
- Cassation of OÜ Bysted against the Tartu Circuit Court 22.09.2014 judgement in the action brought by Esmar Parts against Bysted OÜ in a labour dispute
21.09.2015 3-2-1-80-15
- Cassation of ALSTOM ESTONIA AS and counter-cassation of Harald Walter Schubert against the Tallinn Circuit Court 18.12.2014.a judgement in the action brought by Harald Walter Schubert against ALSTOM ESTONIA AS in a labour dispute
05.03.2014 3-2-1-187-13
- Cassation of Silvi Keernik and counter-cassation of Sillaallika Osaühing against the Tartu Circuit Court 02.09.2013 judgement in the action brought by Silvi Keernik against Sillaallika Osaühing to recover wages, compensation for unused holiday, compensation for cancellation of employment contract with a shorter advance notice, and compensation for cancellation of the employment contract.
16.01.2013 3-2-1-179-12
- Appeal in cassation of WKSM Grupp OÜ against the Tallinn Circuit Court 25.06.2012 judgement in the action brought by Jeremy Kivi and Aigar Pajo against WKSM Grupp OÜ regarding the payment of wages
07.12.2011 3-2-1-117-11
- Appeals in cassation of Kaspar Kaljuste and TJ Ehitus OÜ against the Tartu Circuit Court 04.04.2011 judgement in the action brought by Kaspar Kaljuste against TJ Ehitus OÜ in a labour dispute
Decisions of the European Court of Justice
- Judgement of 15 March 2011 in case C-29/10 Heiko Koelzsch v État du Grand Duchy of Luxemburg
Keywords: Rome Convention on the law applicable to contractual obligations; contract of employment; choice made by the parties; mandatory rules of the law applicable in the absence of choice; determination of that law; notion of the country in which the employee ‘habitually carries out his work’; employee carrying out his work in more than one contracting state
- Judgement of 18 December 2007 in case C-341/05 Laval un Partneri Ltd vs. Svenska Byggnadsarbetareförbundet jt
Keywords: freedom to provide services; directive 96/71/EC; posting of workers in the construction industry; national legislation laying down terms and conditions of employment covering the matters referred to in article 3(1), first subparagraph, (a) to (g), save for minimum rates of pay; collective agreement for the building sector the terms of which lay down more favourable conditions or relate to other matters
- Judgement of 11 December 2007 in case C-438/05 International Transport Workers’ Federation, Finnish Seamen’s Union vs. Viking Line ABP, OÜ Viking Line Eesti.
Keywords: maritime transport; right of establishment; fundamental rights; objectives of Community social policy; collective action taken by a trade union organisation against a private undertaking; collective agreement liable to deter an undertaking from registering a vessel under the flag of another Member State
- Judgement of 3 April 2008 in case C-346/06 Dirk Rüffert vs. Land Niedersachsen
Keywords: freedom to provide services; directive 96/71/EC; posting of workers in the context of the provision of services; procedures for the award of public works contracts
- Judgement of the European Court of Justice in case C-2/05 Rijksdienst voor Sociale Zekerheid vs. Herbosch Kiere
Keywords: social security for migrant workers; determination of the legislation applicable; workers posted to another Member State
- Judgement of the European Court of Justice in case C-396/13, Sähköalojen ammattiliittory vs. Elektrobudowa Spółka Akcyjna (ESA)
Keywords: requirements for wage arising from employment relationships; workers of a company with its seat in Member State A, posted to carry out works in Member State B; minimum wage provided for by the collective agreements of Member State B; locus standi of a trade union with its seat in Member State B; legislation of Member State A prohibiting the assignment to a third party of claims relating to pay
- Judgement of the European Court of Justice of 6 September 2018 in case C-527/16 Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz vs. Alpenrind et al. (preliminary ruling – social security of posted workers)
Keywords: social security for posted workers; applicable legislation
- Judgement of the European Court of Justice of 26 April 2018 in case C‑18/17: Danieli & C. Officine Meccaniche SpA jt vs. Arbeitsmarktservice Leoben (opinion of Advocate General N. Wahl)
Keywords: posted workers in the context of the provision of services; employment permit; applicable legislation
Useful information
Publications and articles
- What works when tackling undeclared work? Realities in Member States
- Dhéret, C. Ghimis, A. The revision of the Posted Workers Directive:towards a sufficient policy adjustment? Discussion Paper. European Policy Center. April 2016
- Publications of the Labour Inspectorate „Temporary agency work“
- Riku Rajamäki Operating as a foreign temporary work agency in Finland (PPT) May 2018
- E-handbook on Cross Border Enforcement on Occpational Safety and Health by SLIC Inspectorates is fully uploaded in the CIRCABC Platform (SLIC Public Access). Access to the e-handbook
- Aliens working in Estonia
Useful links
- European Commission. Posted workers
- Ministry of Economic Affairs and Communications mapping: applicable regulatory requirements for a construction company on its export journey to Estonia, Finland and Sweden
- Comparative study on the legal aspects of the posting of workers in the European Union (including Estonia, 2011)
- National liaison offices of Member States
- (video) European Commission. Posted workers in the EU
- POOSH Conference video 2017
- Information about sending posted workers to Finland Occupational Safety and Health Administration in Finland
- Norway campaign for truck drivers
- Janis - a posted worker in Scandinavia, video
- Undeclared work video
- Construction workers in Europe
- Posting of Workers in the Construction Industry
- Your Europe Posted workers
- Eurodetachement
- Work in Norway
- Europe Direct
- Europe Advice
- International House of Estonia
Posting information of other countries
Information fields in other countries are available on the official website of the European Union.