General principles of employment in Estonia

Part one

Forums For Adjudicating Employment Disputes

The Labour Inspectorate has exclusive jurisdiction for most employment claims, but in certain cases and when the parties fail to reach agreement in the Labour Inspectorate, the case can be brought in the civil court. The appropriate court will depend on the defendant’s residence address. The civil courts are Harju-,Viru-, Pärnu- and Tartu County Court. Appeals of county court judgments are resolved by the District Courts, located in Tartu and Tallinn. Appeals on District Court decisions will be resolved in the Estonian Supreme Court in Tartu. The time limit for submitting a petition to a Labour Inspectorate is generally four months. A time limit of 30 calendar days applies for claims relating to unfair dismissal. Employees have three years to submit a salary dispute claims.

The Main Sources Of Employment Law

 The main source of employment law relating to the employment contract, which regulates the terms of the contract, is the Employment Contracts Act. Other sources of employment law are the Working conditions of workers posted in Estonia Act, the Collective Agreements Act, the Seafarers Act, the Public and National Holidays Act, the Occupational Health and Safety Act, the Individual Labour Dispute Resolution Act, the Collective Labour Dispute Resolution Act, the Trade Unions Act, the Employees’ Representatives Act, the Community-scale Involvement of Employees Act and the Funded Pensions Act and Parental Benefit Act.

National Law And Employees Working For Foreign Companies

The statutory rights under national law will apply to all individuals physically working in Estonia. Foreign law will be applied to labour relations where this is established by the international agreements of Estonia, Estonian laws or agreements between the parties to the employment contract. Parties to the employment contract may choose the law applicable both to the entire employment contract and to a part thereof.

National Law And Employees Of National Companies Working In Another Jurisdiction

The statutory rights under national law will usually apply when the employee is physically working within the jurisdiction of Estonia. However, parties to the employment contract may also choose the law applicable both to the entire employment contract and to a part thereof.

For more information regarding employment in Estonia please contact our English speaking solicitors at info@gencs.eu