Photo: Siim Lõvi /ERR

Postimees writes in a news "Work contracts in Estonia loaded with invalid points” (24.03.2021) that Estonian employers often include invalid terms in the work contract. "Peep Peterson, the head of the Estonian Trade Union Confederation, said last year that an estimated 80 percent of employers were wrong about some points."

These problems should not concern the academy - we tend to think. However, the most common problems (according to Kaire Saarep, the counseling adviser of the Labor Inspectorate) could in many evoke recognition also in the academic context. Excerpts from problems reported by the Labor Inspectorate mediated, by Postimees:

  • "For example, it is agreed in the contract that the pay already includes overtime pay, or the minimum wage includes night pay..."
  • "Unfortunately, the employee has also been tricked with working hours. For example, Saarep has seen demands that an employee must be available to the company at all times or be ready to come to work every weekend, while the on-call time has not been agreed. ”
  • "The lawyers of the Labor Inspectorate have also seen points according to which an employee should not stay on sick leave or go on holiday if he or she has not found a replacement. It is worth recalling that it is the company's responsibility to get the job done, not the employee hired to do the job - the replacement must be sought by the company itself and the manager or managers hired to do so. ”

In addition, an academic problem that the Labor Inspectorate does not usually face is that an academic employee often has to find a job and salary (from successful project applications) that is not in line with the Employment Contracts Act (Töölepinguseadus - TLS).

Töölepingu seaduse (TLS) § 28 “Tööandja kohustused” lg 2 punktide 1-2 järgi on tööandja eelkõige kohustatud:
1) secure the employee with the agreed work ning andma selgeid ja õigeaegseid korraldusi;
2) pay for work on agreed terms ja ajal.

§ 28 (2) 4) of the TLS provides that the employer is obliged to ensure the agreed working and rest time ning pidama tööaja arvestust.

TLS § 35 provides that the employer must pay the average wage to the employee who is able to work and ready to work, even when the employee is not working because the employer has not provided any work., ei ole teinud töö tegemiseks vajalikku toimingut või on muul viisil töö vastuvõtmisega viivitanud, välja arvatud juhul, kui töö andmata jätmise on põhjustanud töötaja süü. 


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