|
Employment contract |
Contract of services |
Authorisation agreement |
|
|---|---|---|---|
|
Legal basis |
Employment Contracts Act |
Law of Obligations Act, sections 635–657 |
Law of Obligations Act, sections 619–634 |
|
Nature of job |
Performance of work as a process subject to management and control by the employer |
Production or modification of an object or provision of services for the achievement of another agreed upon result |
Provision of services subject to the agreement |
| Superior–subordinate relationship | Yes | No | No |
|
Remuneration |
At least the minimum wage |
Right to remuneration, but unremunerated agreements also possible |
Right to remuneration, but unremunerated agreements also possible |
| Higher remuneration for overtime, working on holidays and on night shifts | Yes | No | No |
| Compulsory and paid annual leave | Yes | No | No |
|
Probationary period |
Yes (a probationary period of 4 months is expected) |
No |
No |
|
Fixed working hours and restrictions on working time and rest time |
Yes |
No |
No |
|
Medical insurance |
Yes |
Yes/No* |
Yes/No* |
| Organisation of medical examination | Yes | No | No |
| Owner of work equipment | Employer | Contractor | Mandatary |
| Terms for advance notice of cancellation | Yes (Employment Contracts Act § 97 (2) | No |
No, except for Law of Obligations Act § 630 (3) |
|
Place of settlement of disputes |
Labour dispute committee or court |
Court |
Court |
|
Examples |
Customer service representative, teacher |
Lawyer (representation of clients in court) |
Renovator (e.g., apartment bathroom renovation) |
*In order to receive health insurance, the total social tax declared from one or several authorisation agreements and/or contracts for services in 2022 must be at least 192.72 euros (i.e. gross monthly wage of 584 euros). Health insurance cover becomes valid on the day following the term of submission of the declaration of income and social tax, unemployment insurance premiums and contributions to the mandatory funded pension (TSD). TSD is submitted by the 10th day of the month following the month the payment was made. For example: a service is provided from 1 January, first remuneration is paid on 5 February, TSD is submitted on 10 March, health insurance cover will be valid from 11 March.
Example:
Employment contract: Tarmo is a professional builder. He has worked for a construction company under an employment contract for 10 years. The employer is obliged to find new construction sites to ensure work for employees, to keep account of working and rest time, and to provide employees with work equipment, clothing and materials. Tarmo is obliged to do the work in the agreed volume, in the agreed place and at the agreed time in accordance with the instructions of the employer.
Contract for services: Tarmo wants to earn some extra money and his neighbour needs a new garage. Tarmo concludes a contract for services with his neighbour, under which he must build a garage according to the project provided by the neighbour. Tarmo will receive remuneration when the garage is completed and delivered. Tarmo has to find the necessary work equipment himself.
Authorisation agreement: A local vocational school asks Tarmo to give a two-day lecture on the use of work equipment in construction. Tarmo and the vocational school conclude an authorisation agreement for the lecture. According to the authorisation agreement, Tarmo has to give a lecture to the students, the content and structure of which is up to Tarmo.
Last updated: 01.12.2022