ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Estonia - Working time - 2009


LAST UPDATE

23 May 2009

SOURCES


Name of Act

Wages Act,
26 January 1994, entered into force 1 March 1994, Teataja (State Gazette) 1994, 11, 154, as amended to 11 December 2002, entered into force 1 January 2003 (Riigi Teataja 2002, 111, 662).

Name of Act

Employment Contracts Act,
15 April 1992, entered into force 1 July 1992, Riigi Teataja (State Gazette) 1992, 15/16, 241, as amended up to 1 January 2005 (Riigi Teataja I 2003, 13, 69).
click on this symbol to show or hide remarks

Name of Act

Holidays Act,
4 April 2001, entered into force 1 January 2002, Riigi Teataja 1 I 2001, 42, 233, as amended up to 10 December 2003, entered into force 1 January 2004 (Riigi Teataja I 2002, 62, 377).
click on this symbol to show or hide remarks

Name of Act

Working and Rest Time Act,
24 January 2001, entered into force 1 January 2002 (Riigi Teataja 1 I 2001, 17, 78), as amended up to 11 February 2003, entered into force 17 March 2003 (Riigi Teataja I 2003, 23, 137).
click on this symbol to show or hide remarks

LEGAL DEFINITIONS


Working time/working hours

The period during which employees are required to perform their duties in subordination to management and under the supervision of the employer.
Working and Rest Time Act §2(6)

Overtime/overtime work

Work by employees which exceeds the agreed standard for working time.
Working and Rest Time Act §7(1)

Part-time work(er)

Working time determined by the employer which is shorter than the established standard for working time and which is applied between an employee and the employer.
Working and Rest Time Act §6

Night work(er)

Work performed between 22:00 and 06:00.
Working and Rest Time Act §19(1)

Shift work(er)

Shift work is the period of time in shift work during which an employee is required to perform her/his duties. A working shift can begin during one 24-hour period and end during the next 24-hour period.
Working and Rest Time Act §2(5)

On-call work

On-call work is work of rest time during which an employee must be available to the employer for the performance of extraordinary duties.
Working and Rest Time Act §10(1)

NORMAL HOURS LIMITS


Daily hours limit


General limit

8 hours.
Working and Rest Time Act §4(1)
Historical data (year indicates year of data collection)
  • 2011: The general daily working time limit is set in 8 hours.
  • 2007: 8 hours

Exceptions

7 hours for individuals in work that poses a health hazard or is of a special nature.

Upon the recording of total working time (hours-averaging), the duration of a shift may be up to twelve hours.
Working and Rest Time Act §5(1)(4), 15(1)

Special categories


» Young workers

7 hours (16-17 years and not attending school)

6 hours (15 years and not attending school)

4 hours (13-14 years and attending school).
Working and Rest Time Act §5(1)(1)-(3) and 5(2)

Weekly hours limit


General limit

40 hours
Working and Rest Time Act §4(1)
Historical data (year indicates year of data collection)
  • 2011: The general weekly working time limit is set in 40 hours.
  • 2007: 40 hours

Exceptions

35 hours for individuals in work that poses a health hazard or is of a special nature.

Working time together with overtime shall not exceed an average of forty-eight hours per week during a four-month recording period.
Working and Rest Time Act §5(1)(4), 9(1)

Special categories


» Young workers

35 hours (16-17 years and not attending school)

30 hours (15 years and not attending school)

20 hours (13-14 years and attending school).
Working and Rest Time Act §5(1)(1)-(3) and 5(2)

OVERTIME WORK


Criteria for overtime


General

Overtime (work by employees which exceeds the agreed standard for working time) is in general only permitted by agreement between the parties.

In case of foce majeure, an employee is required to comply with an order from an employer to work overtime if such work is temporary and has to be performed promptly.
Working and Rest Time Act §7

Limits on overtime hours


General limits

4 hours per day; and 48 hour maximum per week (including overtime) in average over 4 months. No shift can extend beyond 12 hours.
A 200 hour limit per year can be applied with the consent of the employee, provided it does not result in exhaustion or harms the worker’s health and the employee has the right to refuse additional overtime work. Separate records must be kept on this overtime work and the labour inspectorate can restrict or prohibit it.
Working and Rest Time Act §9
Historical data (year indicates year of data collection)
  • 2011: Employees shall not be required to work overtime for more than 4 hours per day; and 48 hour maximum per week (including overtime) in average over 4 months. No shift can extend beyond 12 hours. A 200 hour limit per year can be applied with the consent of the employee, provided it does not result in exhaustion or harms the worker's health and the employee has the right to refuse additional overtime work. Separate records must be kept on this overtime work and the labour inspectorate can restrict or prohibit it.
  • 2007: 4 hours per day; and 48 hour maximum per day (including overtime). No shift can extend beyond 12 hours.

Restrictions/exceptions

The daily and weekly overtime limit can be exceeded for work to prevent or respond to a natural disaster or industrial accident; and to prevent accidents, work stoppages, or damage to the employer’s property.
Working and Rest Time Act §9(3)

Compensation for overtime work


Overtime rate(s)

50% increase
Wages Act §14(2)
Historical data (year indicates year of data collection)
  • 2011: In case the parties agree that overtime working hours are to be paid in money, these hours shall be compensated with an increase of 50% over the regular rate of payment.
  • 2007: 50% increase

Compensatory rest

Compensatory time off in lieu of overtime pay may be agreed between the parties.
Wages Act §14(1)

Special categories


Shift work

up to 4 hours overtime (where a shift worker has failed to report to work and the work cannot be discontinued).
Working and Rest Time Act §7(5)

Young workers

Minors shall not be required to perform overtime work.
Working and Rest Time Act §8(1)

Pregnant workers/recent birth

Pregnant women shall not be required to perform overtime work.
Working and Rest Time Act §8(1)

Parents

An employee raising a child under 12 years of age or a disabled child, or taking care of a person with total incapacity for work, may only be required to work overtime with her/his consent in the case of force majeure.
Working and Rest Time Act §8(2)

Carers

An employee raising a child under 12 years of age or a disabled child, or taking care of a person with total incapacity for work, may only be required to work overtime with her/his consent in the case of force majeure.
Working and Rest Time Act §8(2)

REST PERIODS


Rest breaks


General provisions

Between 30 minutes and one hour after four hours of work.The beginning and end of breaks provided for rest and meals shall be determined by the internal work procedure rules, a shift schedule or employment contract.
Working and Rest Time Act §16(1)-(2), 23(4)
Historical data (year indicates year of data collection)
  • 2011: An employee shall be given a rest break of a duration between 30 minutes and 1 hour after 4 hours of work. The beginning and end of breaks provided for rest and meals shall be determined by the internal work procedure rules, a shift schedule or employment contract. An agreement by which a break of no less than 30 minutes during the working day has not been prescribed for work longer than 6 hours is void. Breaks during the working day are not considered working time, unless due to the characteristics of the work it is impossible to give a break and the employer gives an employee the opportunity to rest and dine during working time.
  • 2007: The beginning and end of breaks provided for rest and meals shall be determined by the internal work procedure rules, a shift schedule or employment contract.
  • 2007: Between 30 minutes and one hour after four hours of work.

Special categories


» Shift work

Twenty minutes where work is performed in three shifts.
Working and Rest Time Act §16(3)

Daily rest periods


Duration

Eleven hours.
Working and Rest Time Act §20(1)
Historical data (year indicates year of data collection)
  • 2011: Unless otherwise provided by law, an employee shall be entitled to enjoy 11 consecutive hours of daily rest time over a period of 24 hours.
  • 2007: Eleven hours.

Special categories


» Young workers

Fifteen hours for employees who are 16-17 years old and not subject to the obligation to attend school. Sixteen hours for employees who are 15 years old and not subject to the obligation to attend school. Eighteen hours for employees who are 13-14 years old or subject to the obligation to attend school.
Working and Rest Time Act §20(2)(1)-(3)

Weekly rest periods


Duration


» General

2 days
Working and Rest Time Act §21(1) and (3)
Historical data (year indicates year of data collection)
  • 2011: The general weekly rest period that an employee is entitled, over a period of seven days, shall not be less than 48 consecutive hours, unless otherwise provided by law. In case of summarised working time, the weekly rest time that an employee is entitled over a period of seven days, shall not be less than 36 consecutive hours, unless otherwise provided by law.
  • 2007: 2 days

Work on weekly rest day


» Criteria

Employers may request work to be performed on days off with the consent of the employee.

An employee is required to work on days off to perform temporary and urgent work in the case of need arising from force majeure.
Working and Rest Time Act §22(1), 22(2)

Special categories


» Young workers

2 days
Young workers cannot be requested to work during the weekly rest period.
Working and Rest Time Act §21(4) and §22

» Pregnant workers/recent birth

Pregnant workers cannot be requested to work during the weekly rest period.
Working and Rest Time Act §22

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

6 months of work (during the first working year).
Holidays Act §13(1)

Duration


» General

28 calendar days.
Holidays Act §9(1)
Historical data (year indicates year of data collection)
  • 2011: It is presumed that an employee’s annual holiday is 28 calendar days, unless the employee and the employer have agreed on a longer period, or unless otherwise provided by law.

» Exceptions

Employees have the right to an additional holiday if they are engaged inter alia in work which poses a health hazard and work of a special nature, as established by a Government Regulations.
Holidays Act §10

Schedule and splitting

Employers shall prepare a holiday schedule for every calendar year and communicate it to the employees during the month of January, based on the interests of work management, taking requests of employees into consideration if possible.
Holidays Act §15

Special categories


» Young workers

35 calendar days.
An employer is required to grant a holiday at the time requested by the employee who is a minor. The conditions of six months of continuous services does not apply to minors.
Holidays Act §9(1), 13(2), 16

» Pregnant workers/recent birth

Leave shall be granted without the condition of six months of continuous services to women before or after pregnancy leave or maternity leave.
An employer is required to grant a holiday at the time requested by a woman immediately before and after pregnancy leave or maternity leave or immediately after parental leave.
Holidays Act §13(2), 16

» Part-time work

The annual holiday of an employee who works part-time shall be of the same duration as the annual holiday of a full-time employee.
Holidays Act §9(4)

PUBLIC HOLIDAYS


Number and dates

Hours of work on working days preceding New Year’s Day, Anniversary of the Republic of Estonia, Victory Day and Christmas Day shall be reduced by three hours.
Working and Rest Time Act §25

Work on Public Holidays


» Criteria

Employers may require employees to work on public holidays if this is necessary to provide services to the public, ensure uninterrupted production processes, or to perform temporary and urgent work in the case of need arising from force majeure.
Working and Rest Time Act §26

» Compensation

For work performed on public holidays, at least double rate regardless if the work is scheduled or unscheduled.
Employees are entitled to request compensatory time off for unscheduled work and shall in that case receive ordinary pay.
Wages Act §16(1)(3)

PART-TIME WORK


General provisions

Working time determined by the employer which is shorter than the established standard for working time and which is applied between an employee and the employer.
Working and Rest Time Act §6

Annual leave

The annual holiday of an employee who works part-time shall be of the same duration as the annual holiday of a full-time employee.
Holidays Act §9(4)

Right to equal treatment


Right/scope

Part-timers have a right not to be treated in a less favourable manner than comparable full-time workers.
Working and Rest Time Act §13(1)

Permissable justification for different treatment

Different treatment of part-time workers is permitted if justified on objective grounds that arise from law or collective agreement.
Working and Rest Time Act §13(1)

NIGHT WORK


Criteria for night work

Work performed between 22:00 and 06:00.
Working and Rest Time Act §19(1)

Special categories


Young workers

Minors cannot be requested to work at night.
Further provisions exist for employees of 13-14 and 15-17 years of age.
Working and Rest Time Act §11
click on this symbol to show or hide remarks

Pregnant workers/recent birth

Pregnant workers cannot be requested to work at night.
Working and Rest Time Act §11(3)

Parents

An employee raising a child under 12 years old or a disabled child, or a person taking care of a person with total incapacity for work must give her/his consent to work at night.
Working and Rest Time Act §11(4)

Carers

Workers taking care of a person with total incapacity for work must give her/his consent to work at night.
Working and Rest Time Act §11(4)

ON-CALL WORK


Criteria

On-call work is defined as part of rest time during which an employee must be available to the employer for the performance of extraordinary duties.
Working and Rest Time Act §10(1)

Limits

On-call work may be established in addition to normal hours of work if it is necessary to perform work of unforeseeable and urgent nature. Maximum of 30 hours per month for which the employee shall receive additional remuneration.
Working and Rest Time Act §10(3)

Overtime work

Collective agreements or the employment contract shall establish the procedure for application of on-call work and the amount of the additional remuneration.
Working and Rest Time Act §10(4)

SHORT-TIME WORK/WORK-SHARING


General provisions

Upon a temporary decrease in work volume or orders, an employer has the right, with the consent of the labour inspector of his or her location (residence), to establish part-time working time for an employee for up to three months per year or to send the employee on a holiday with partial pay for the same period with the agreement of the employee. Upon applying for the consent of the labour inspector, the employer shall present a justification regarding the possibilities for continuation of work and the opinion of the organisation or person representing the employees.
Employment Contracts Act §68

Limits

The duration of part-time working time applied pursuant to this section shall not be less than 60 per cent of the standard working time prescribed in the employment contract, and the holiday pay payable during holidays with partial pay shall not be less than 60 per cent of the minimum wage.
An employer is required to give an employee at least two weeks’ advance notice in writing of the application of part-time working time or sending him or her on a holiday with partial pay.
Employment Contracts Act §68

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Reductions and increases in working hours.
Employment Contracts Act §63.1

Employer duties

The employer is obliged, where possible, to consider request from full-time workers to work part-time and for part-timers to increase their working hours.
Employment Contracts Act §63

Results generated on: 16th September 2014 at 11:27:55.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.