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Employment Contract Relationships

Viimati uuendatud: 23.02.2017

Based on an employment contract, a natural person (employee) performs work for another person (employer), being subordinate to their guidance and control, and receives agreed remuneration for it. If the person performs work for another person that is usually done only for a fee but no written contract exists, it is presumed to be an employment contract relationship.

According to § 5 of the Employment Contracts Act, a correct employment contract must contain the following information:

  1. Employee and employer’s name, personal identifi cation or registry code, place of residence or location. Contact phone and email address are also recommended to be added;
  2. Time of concluding the employment contract and time of beginning work. The latter is usually used for calculating the employment at the company;
  3. Description of work tasks. Can be provided in a separate job description, but is an inseparable part of the contract;
  4. Name of the position, if a legal consequence concurs. It is relevant for early retirement, if such is provided for working a certain number of years in a certain position;
  5. Other benefi ts, if these have been agreed upon. If benefi ts were promised to the employee during the work interview (car compensation, regular sun trips, compensating for using the gym, etc.), these must also be fi xed in writing;
  6. Working hours (and whether a summed working time calculation is applied);
  7. Location for performing the work (at least the local unit level);
  8. Duration of the annual vacation (annual vacation is 28 calendar days; vacation for employees with partial or total incapacity for work is 35 calendar days; vacation for educational staff is up to 56 calendar days);
  9. Employment contract termination deadlines or reference to it. Deadlines are provided in ECA § 37 (section 5), 96, 97, 98 and 103;
  10. Reference to the employer’s administrative rules;
  11. Reference to the collective agreement, if applicable for the employee;
  12. Salary paid for the work that the parties have agreed upon.

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