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On July 15, the notification procedure of employees posted to Estonia changed

17.07.2018


From 15 July 2018, the Labour Inspectorate must be notified of posted employees before they start working in Estonia. In case of non-notification, a fine of up to EUR 32,000 may be imposed on the enterprise that has infringed the obligations.

Amendments for the prevention of illegal employment came into force yesterday. The purpose of the amendments is to ensure that both the employer and the employees are motivated to follow the rules of lawful employment in Estonia. Consequently, new regulations were introduced both into the Aliens Act and the Working Conditions of Employees Posted to Estonia Act. In addition, the obligation of exclusion from a public procurement procedure was provided in the case of an enterprise that has been punished for the violation of the conditions of an alien working in Estonia. In the case of construction work procurement contracts, the subcontractor must be replaced or another way found to carry out the work, if the subcontractor has not followed the rules for the employment of aliens. In addition, a possibility was created for prohibition of economic activities of such enterprises that consistently employ aliens, ignoring the the law.

However, in the Working Conditions of Employees Posted to Estonia Act the current regulation that allowed notifying of a posted employee at the latest on the day of the start of the employment in Estonia was changed. Now, a notification of a posted employee must be sent to the Labour Inspectorate electronically before the actual start of the employment. Information about the employee's foreign employer, the contact details of the host enterprise in Estonia and the contact persons of both enterprises, as well as the number, name, personal identification code and date of birth of the posted employees must be presented to the Labour Inspectorate. Detailed information about the registration of posted employees and the form of the notification can be found on the information field of posted employees on the website of the Labour Inspectorate at http://www.ti.ee/est/organisatsioon-kontaktid/tooinspektsioon/lahetatud-tootajad/.

In case of failure to notify of an employee posted to Estonia, the Labour Inspectorate has the right to impose a fine of up to 300 fine units on a natural person and up to 32,000 euros on a legal person on the basis of section 9, note 3 of the Working Conditions of Employees Posted to Estonia Act. The main activities and statistics of the action plan established for prevention and obstruction of illegal employment can be found on the website of the Ministry of the Interior.

Source: Labour Inspectorate of Estonia

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On July 15, the notification procedure of employees posted to Estonia changed

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