Bill on workers posted to Estonia clears first hurdle in Riigikogu

A Riigikogu sitting. Source: Priit Mürk/ERR

The parliament on Wednesday finished the first reading of a bill on the work conditions of workers posted to Estonia, which imposes measures for better protecting the rights of posted workers.

The bill initiated by the government says that a temporary agency worker whom the user undertaking reposts while providing services is also a posted worker, and changes the requirements concerning the work conditions that have to be ensured for posted workers during their stay in Estonia, spokespeople for the Riigikogu said. 

Instead of the minimum pay rate, such workers must be ensured remuneration, and in addition the costs related to the posting must be compensated to them. Regulation of long-term posting will be established whereby after 12 or 18 months of working in Estonia, the entire Estonian labor law has to be applied to a posted worker rather than the minimum work conditions listed in the law.

The bill also contains a provision whereby, when deciding about the punishment for a violation, the relevant supervisory body must take into consideration whether information about the work conditions of workers posted to Estonia is available on the single website or not. 

The bill would lift a restriction according to which the contracting authority in Estonia can only be an Estonian resident. Under the bill, what matters is that the contracting authority is active in Estonia. A clear obligation will be put on employers to keep the information submitted about posted workers up to date. 

In the future, also the number of the ID of the posted worker has to be notified to the Labor Inspectorate.

Besides, the bill would cut from seven years to three years the period of time during which the Labor Inspectorate is entitled to request documents necessary for the conduct of oversight after the end of the period of posting. 

Furthermore, the rates of fine for failure to perform the obligations will be leveled off at 300 units for physical persons and 32,000 euros for legal persons.

Editor: Anders Nõmm

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