Last year, the European Court of Justice made a decision that changed the rules for work and rest time accounting in Estonia starting this year, such that daily rest time is not part of the weekly rest time, but must precede it. The new rules have taken away the flexibility for people working on a schedule-based system to create work schedules, as expressed in appeals to the Ministry of Economic Affairs and Communications by both the Merchants' Association and the Hotel and Restaurant Association.

"Previously, the requirements for work and rest time were considered met if an employee on a schedule received a 36-hour weekly rest period once a week, without the need for it to be preceded by daily rest time, i.e., 11 hours. Now, an employee must get at least once a week a rest period of 36+11 hours, totaling 47 hours or essentially two consecutive days," explained Maria-Helena Rahumets, advisor at the Ministry of Economic Affairs and Communications.

In a simplified retail example, this rule means that a store employee who finishes their shift on Saturday evening at 6 p.m. can only start work again from Monday evening at 6 p.m., said Kerstin Jaani, the HR director of Coop Estonia.

"And the issue is that the store receives fresh goods on Monday morning, which is actually when we need the worker. So there are contradictions because it's very difficult to plan working time according to actual needs. To have someone to put out goods in the store on Monday morning, I have to bring in additional labor for that morning," Jaani explained.

According to Jaanika Raudam, HR manager for supermarket chain Rimi Estonia, the new rules make it much harder to accommodate employees' requests for specific days off.

"We also have numerous employees who need flexible working hours due to health reasons, such as those with reduced work capacity or special decisions from occupational health doctors. The decision and regulation that has been enforced have significantly reduced the employer's ability to meet these special requests of employees."

Both Raudam and Jaani say that the best solution to the situation would be to revert to the work and rest time accounting that was in effect last year.

"It worked well, ensuring sufficient rest time for employees and also allowing flexibility for both the employee and the employer," said Raudam.

Jaani added that the requirements now in force are stricter than the European average. "Actually, I don't really see the justification for this."

Rahumets stated that the ministry has discussed employers' concerns with representatives from both the unions and the employers' federation.

"We plan to draft a bill during May that aims to find a compromise between the interests of employees and employers, i.e., to ensure the protection of workers' health on one hand, and to provide employers with more flexibility to organize working time if necessary."

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