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To the members of the Estonian Defence League

19.03.2020


What happens to the employment relationship if an employee is called to assist the state in an emergency situation as a member of the Defence League district? 

Kristel Kängsepp, Chief lawyer, Labour Inspectorate: in accordance with the order of the Government of the Republic, the Police and Border Guard Board has the right to involve 150 active members of the Defence League and active servicemen in the peacetime position of military rank in the Defence Forces to protect the state border. Non-performance of duties, or absenteeism, is possible by agreement between the parties. 

Alternative options:

  1. The employer and the employee agree to grant the employee time off in accordance with section 38 of the Employment Contracts Act to perform the above obligation. An agreement is reached between the employer and the employee that the employee will be granted time off for an agreed period and the wages will be maintained.
  2. The employee and the employer reach an agreement that the employee can holiday without pay. We emphasise that holiday without pay is granted only by agreement between the parties (subsection 68 (2) of the Employment Contracts Act).
  3. The employee and the employer reach an agreement that the holiday schedule will be changed so that the employee can take annual leave. We emphasise that the holiday schedule can be changed only by agreement between the parties (subsection 69 (4) of the Employment Contracts Act).
  4. Applying for additional holiday pursuant to the Defence League Act. This additional leave is not related to the holidays provided for in Employment Contracts Act.

In accordance with subsection 57 (1) of the Defence League Act, an employee who is an active member of the Defence League has the right to unpaid additional holiday of up to 30 calendar days within one year at the written request of the head of a structural unit of the Defence League for the performance of the task of the Defence League provided for in clause 4 (1) 4) of the Defence League Act and the participation in the tasks of the law enforcement agency referred to in subsection 2 and in the tasks of the Defence Forces referred to in subsection 31. The Defence League submits the application to the employer, who must grant additional unpaid holiday for the period specified in the application.

Pursuant to subsection 57 (4) of the Defence League Act, at the written request of the person and with the consent of the head of the structural unit of the Defence League, the Defence League may pay compensation to the active member for additional leave of up to 30 calendar days. The compensation is calculated on the basis of the last average monthly salary published by the Statistical Office.

Read more:

An overview of the articles about the coronavirus on Tööelu.

Frequently asked questions in connection with the coronavirus (teleworking, business trips abroad, lay-offs, holiday without pay).

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