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Imposing and Notifying of Work Organization Rules

Viimati uuendatud: 20.02.2017

The employer is entitled to impose work organization rules unilaterally. However, employees should be given the opportunity to express their opinion and make their suggestions. Jointly set rules are also easier for the employees to follow.

When a new employee arrives after the imposing of work organization rules, their employment contract must contain a reference to the location of the work organization rules, and imposed rules are explained. Rules set by the employer are mandatory to the employee.

From the employer’s perspective it is important that, in the case of disputes, they can verify that the employee was informed about the rules applicant in the organization. Employment Contracts Act §5 s 2 allows the employer to ask a proof from the employee about showing any data, including the work organization rules. This could be verified, for example, by the employee’s signature (either hand-written or digital).

If the employer employs at least 30 employees and the need arises to change the work organization or to impose new rules, the employer must follow the notification and consulting obligation emanating from chapter 5 of the Employees’ Trustee Act. In this case, the employer should begin by informing the employees in writing about the wish to change or apply the rules, and then start negotiations with employees or consult about the rules’ content before imposing them.

If the parties of the employment contract have added the work organization rules into the employment contract conditions, then changing these rules is possible only on mutual agreement, as stipulated by §12 of the Employment Contracts Act. Thus, the employer must hold negotiations with each employee whose employment contract they need to change, and come to a mutual agreement.

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