Strengthening of employees’ rights with regard to information rights and other matters
An amendment to the Employment Contracts Act, in force since 01 August 2022, means that some changes have come into force. These, for example, strengthen the employee’s right to information.
Employers should pay particular attention to the extra information that a written employment contract must contain. In addition to the information previously listed in Section 5 paragraph 1 of the Employment Contracts Act, a written employment contract must now also contain, e.g., the following information:
- a note of the bodies collecting taxes and other contributions and details of the protection afforded to the employee by paying these contributions;
- training entitlement provided by the employer and other agreed benefits;
- the duration of annual holiday and a note of other holidays paid by the employer;
- a note of the prescribed form of notice of termination, to notice periods as well as to the obligation to state a reason for termination;
- a note of the procedure for doing and being compensated for overtime work;
- the duration of the probationary period.
In addition to the terms and conditions of the employment contract to be recorded in writing, as stipulated in Section 5 paragraph 1 of the Employment Contracts Act, the employer must now also record information on transmission and receipt of data to or by the employee and retain it for the legally prescribed period.
Furthermore, employees now have the right to demand access to contractual information from the employer at any time. An employee who demands access to the data may not be dismissed for this reason. An employer who gives notice of termination to an employee after the employee has made such a demand must prove that the termination was for another permissible legal reason.
Particular attention should also be paid to the provisions granting employees the right to request suitable working conditions from the employer (including a permanent employment contract or full-time employment) and to the provisions on the possibility of the employer refusing such a request. An employer may not dismiss an employee on the basis of such a request.
Moreover, there are also changes with regard to the probationary period. In particular, it should be noted that the probationary period does not include periods during which the employee was prevented from performing their work duties due to illness or holidays.
Source: Töölepingu seadus – Employment Contracts Act (amendments in force since 01.08.2022, with further amendments on employment of minors, since 01.09.2022)