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Archiving Documentation Emanating from Employment Relationships

According to Employment Contracts Act (ECA) §5 section 5, the employer keeps the written employment contract during its’ validity, and for ten years after the end of the contract. Should any disputes arise in the future, an evidence exists.

According to ECA §133 and starting from July 2009, the employment record book which is in the possession of the employer must be given to the employee when the employment contract ends, or forwarded to the local department of the Social Insurance Board for registering the data if the employee has not retrieved the book within one year after the end of the employment relationship (ECA §134). New employment record books shall no longer be issued.

ECA does not prescribe any more preservation terms, but it must be noted that employment contracts concluded before 01.07.2009 must be kept, according to the previous version of the Employment Contracts Act, at least 50 years after the end of the contract (ECA §131 s 2 sentence 1). It is related to guaranteeing the document required for proving the years of pensionable service, if necessary.

If the years of pensionable service cannot be proven for earlier than 1999 with an employment record book or some other written employment contract document as none exist no more, the person should contact the former employer for getting the witnessing document. If the employer no longer exists, one can turn to the National Archives (www.ra.ee) where the documents of former companies are kept.

Starting from 01.07.2009 and according to ECA §136, the employer is no longer obliged to keep the earlier composed personal charts, but their continuing compilation is also not forbidden. When processing personal data, the Personal Data Protection Act provisions must be adhered to.

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