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Work Organization Rules Validity Presumption

Viimati uuendatud: 20.02.2017


The work organization rules enforced by the employer must be in line with valid legislation. Points of rules contradicting laws are illegitimate from the start and are not to be followed.

For example, the rules may not oblige the employee to be reachable to the employer over the phone 24 hours a day and 7 days a week. The obligation that the employee must read work email on the account provided by the employer every day, including also vacations and illnesses, and to reply emails within two days, is also not legal.

Such extreme rules contradict with good faith and sensibility principles, and with working and resting time limitations stipulated by the Employment Contracts Act.

It is also illegal to set the so-called penal rates (e.g. 10 euros for being late to work 5 minutes, etc.) or to deduct the fines from the remuneration. The right to demand the unpaid remuneration arises in this situation for the employee.

With the internal rules, the employer can only add more rights or specify those that are legally given to the employee, not to take them away.

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