Kaire Saarep, lead counselling lawyer at the Labour Inspectorate responds:
There are multiple ways to terminate an employment relationship if a citizen of Ukraine wishes to return to their home country. The employee may terminate the employment relationship at their own request, but they have to adhere to the notice period, which is 15 calendar days during the probationary period and 30 calendar days after the probationary period.
However, such a notice period may be too long, as the situation in their homeland is constantly changing, which might lead them to unexpectedly decide to leave Estonia. If the employee has to return due to extraordinary circumstances, the employment contract may be terminated due to reasons arising from the employee, as set out in subsection 91 (3) of the Employment Contracts Act. In that case, the notice period is decided by the employee, depending on the circumstances that led to the termination.
Another possibility to terminate an employment contract is by agreement between the parties. Namely, both the employer and employee may terminate an employment contract entered into for a specified or an unspecified term at any time.
However, it may happen than an employee who needs to return to their home country in a hurry forgets that they are required to submit a declaration of cancellation. In such a case, it may not be possible to terminate the employment contract by mutual agreement, as the employer is unable to contact the employer and obtain their consent to terminate the contract. Normally, if an employee is absent from work without good reason or a legal basis, it means they have breached their duties. However, if the employer decides that the breach was not wrongful, as the employee had good reason not to show up, but the employment relationship cannot reasonably continue, the employer may terminate the employment relationship pursuant to subsection 88 (1) of the Employment Contracts Act. In that case, the reason for termination is an unexpected situation arising from the employee that does not allow them to keep performing their duties. The notice period may also be ignored for the same reason.
As Ukrainian war refugees are in an emotionally difficult situation, their employers should try and help them in any way possible. If they leave state-provided accommodation, remind them that they have to notify the contact person of the Social Insurance Board or the accommodation facility. If necessary, they can contact the victim support helpline in Ukrainian (every day from 16:00 to 20:00, phone 116 006) or if they need free transportation to Ukraine, they should contact the Ukrainian Ministry of Reintegration.
Additional information to help Ukrainian war refugees is available here: dopomoga.ee
