Procedural requirements for individual dismissals - Estonia - 2017
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- Employment Contracts Act (ECA), adopted in December 2008 and entered into force in July 2009, consolidated version including amendment of 28 April 2017, effective since 8 May 2017.
The link provided is in English, updated up to 2012
Date: 28 Apr 2017; view website » (view in NATLEX »)
- Equal Treatment Act [ETA], dated 11 December 2008 (RT I 2008, 56, 315), entered into force 1 January 2009
Date: 11 Dec 2008; view website » (view in NATLEX »)
- Individual Labour Dispute Resolution Act [ILDRA], dated 20 December 1995, consolidated version dated March 2003
Date: Mar 2003; view website » (view in NATLEX »)
Notification to the worker to be dismissed: written
- Art. 97(2) ECA:
The notice period to be given by the employer in the event of termination of employment (referred to 'extraordinary cancellation') varies according to the employee's length of service, as follows:
1) less than one year of employment: at least 15 calendar days;
2) one to five years of employment: at least 30 calendar days;
3) five to ten years of employment at least 60 calendar days;
4) ten or more years of employment: at least 90 calendar days.
Note advance notice for terminating the employment of an employee during the probationary period must be at least 15 days (art 96 ECA).
- tenure ≥ 6 months
- tenure ≥ 9 months
- tenure ≥ 2 years
- tenure ≥ 4 years
- tenure ≥ 5 years
- tenure ≥ 10 years
- tenure ≥ 20 years
Pay in lieu of notice: Yes
- Art. 100(5) If an employer or an employee gives advance notice of cancellation later than provided by law or a collective agreement, the employee or the employer has the right to receive compensation to the extent to which they would have had the right to obtain upon following the term of advance notice.
Notification to the public administration: No
Notification to workers' representatives: No
- No general obligation to notify the employees' representatives except if the employer intends to dismiss an employee's representative. Art. 94 ECA provides that before terminating an employment contract with the employees' representative, an employer must seek the opinions of the trade union or the employees who elected him/her the person to represent them or the trade reasonably union. The employer is required to take that opinion reasonably into account and to provide justification if he/she disregards the employees' opinion.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No