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Working Conditions of Employees Posted to Estonia

Viimati uuendatud: 24.02.2017


According to the Working Conditions of Employees Posted to Estonia Act (WCEPEA), a posted worker is a physical person who usually works abroad under an employment contract and who is posted to Estonia by the employer to provide the service during a specific time period. The agreement concerning employment relationships abroad shall be treated as an employment contract, if it corresponds to the provisions concerning the employment relationship in the Estonian Employment Contracts Act.

Regardless of the choice of legislation applied to the employment contract, the conditions set in §5 of the WCEPEA must be guaranteed, incl.:

  • Working time;
  • Resting time;
  • Free time for pre-partum check-ups;
  • Remuneration and overtime compensation;
  • Duration of the annual leave;
  • Equal treatment and equal possibilities.

If the legal provisions of the posted worker’s country of origin are more favourable than that in Estonian law, the foreign law provisions shall apply to the employee.

Occupational Health Care and Safety Requirements

The Occupational Health and Safety Act applies to posted employees – also if it is less favourable than the corresponding act valid at the country of origin.

The fulfilment of the occupational health care and safety requirements valid in Estonia is guaranteed by the person receiving the employee, for whom the posted worker works for in Estonia.

Exceptions

The remuneration and overtime compensation conditions, and the duration of the annual holiday valid in Estonia does not apply to posted skilled workers, who stay up to eight days. Skilled worker is an employee whose task is the primary setup or install of ordered goods, if such work is an inseparable part of the lease order.

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