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Pre-Contractual Negotiations

Viimati uuendatud: 16.02.2017


Prior to concluding the employment contract, parties should hold negotiations to discuss working conditions. It is reasonable to set out negotiations in writing (e.g., forward the contract project and modification proposals via email) to avoid later disputes regarding the content of agreements. During negotiations, the employer presents important conditions to the candidate that the employer wishes to agree on in the contract.

In general, these are:

  • Employment start date;
  • Working location;
  • Working time;
  • Remuneration size and date;
  • Other benefits (like company car, mobile phone, discounts related to sports, etc.);
  • Work tasks, etc.

In pre-contractual negotiations, attention must also be paid to other topics like length of the trial period, contract duration (for fixed-term contracts, the ending must be grounded), prohibition on competition, material liability, length of vacation and possibility to use vacation (whether the company has a collective vacation or can the employee choose the desired vacation time), possibility to unite working and family life (paid days off, flexible working hours, day-care, etc.) and remote work possibility.

In pre-contractual negotiations, parties must take into account the interests and rights of the other party and present only true data. If the applicant or employer gets to know confidential data during the negotiations (e.g. employee’s health condition or employer’s commercial secret), it may not be disclosed to third parties nor used in mala fide for their own good.

The applicant is entitled to familiarize themselves with the employment contract project and make their suggestions for it. Prior to beginning work, the employer is obliged to notify the employee of work organization rules. If a collective agreement has been concluded at the employer, the employee must be notified of it and given the possibility to become acquainted with its’ content.

Prior to signing the employment contract, the contract text must be read through completely and ascertained that all important agreed conditions are clearly and understandably included.

Employment contract is concluded if both parties have reached an agreement in all conditions, and signed it.

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