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Estonia

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Estonia

Standard working hours

In Estonia, the standard working hours are regulated by the Employment Contracts Act. A full-time workweek is defined as 40 hours, typically distributed over five days at eight hours per day. While the standard workday is eight hours, summarized working time schedules allow for flexible distribution within a set timeframe. The average working hours cannot exceed 48 hours over a seven-day period within a four-month calculation period. Different calculation periods may apply under specific legal circumstances.

The workday preceding certain holidays, including New Year's Day, Estonian Independence Day, Victory Day, and Christmas Eve, is legally mandated to be three hours shorter.

Overtime

In Estonia, overtime work is regulated to protect employee well-being and ensure fair compensation. The key regulations are outlined in the Working Time Act.

Overtime work requires consent from both the employer and the employee. Employers cannot force employees to work overtime. The average working hours, including both regular working hours and overtime, must not exceed 48 hours per week over a four-month calculation period.

In exceptional circumstances, employers and employees can agree to extend the average working hours to 52 hours per week over a four-month period. However, this agreement must be demonstrably fair to the employee and not compromise their health and safety.

Employees can be compensated for overtime work with time off in lieu of regular pay, at a 1:1 ratio. If time off is not practical, overtime must be compensated financially at a rate at least 1.5 times the employee's regular wage.

Employees have the right to refuse overtime work. Any agreement to work overtime can be terminated by the employee with two weeks' notice.

Rest periods and breaks

Estonian labor law ensures designated rest periods and breaks to protect employee well-being and prevent burnout. Here's an overview of these entitlements:

Daily Rest

Estonian law guarantees a minimum daily rest period of 11 consecutive hours within a 24-hour window. This means a maximum workday of 13 hours, ensuring enough time for recovery outside of working hours.

Weekly Rest

In addition to daily rest, employees are entitled to uninterrupted weekly rest of at least 36 consecutive hours. This extended rest period allows for proper rejuvenation over the week.

While weekly rest is typically associated with weekends, the specific 36-hour period does not necessarily have to fall on Saturday and Sunday. As long as employees receive 36 uninterrupted hours of rest within a seven-day period, the employer has some flexibility in scheduling.

Meal Breaks

After working for six hours continuously, employees are entitled to a break of at least 30 minutes. This break is intended for rest, relaxation, and meals.

Meal breaks are typically unpaid breaks, and employees are not generally compensated for this downtime.

Night shift and weekend regulations

In Estonia, the Working Time Act recognizes the potential challenges associated with night and weekend work and establishes specific regulations to ensure fair treatment and well-being for employees working outside standard hours.

Night work is defined as any work performed during the night period, typically between 10:00 PM and 6:00 AM. Work performed during night hours must be compensated at a higher rate than regular wages. The minimum night work premium is set at 1.25 times the employee's regular wage. However, employment contracts may stipulate an even higher night work premium. Employers cannot force employees to work night shifts. Night work requires the employee's consent. The night work premium is separate from, and can be combined with, overtime compensation if applicable. For instance, an employee working overtime during the night shift would be entitled to both the overtime premium and the night work premium.

Weekend work is not explicitly prohibited by Estonian law. However, employees are entitled to a minimum uninterrupted weekly rest period of 36 hours. This extended rest period can, but does not necessarily, have to encompass the weekend. There is no legal requirement for specifically compensating weekend work in Estonia. However, if weekend work coincides with overtime hours, the employee would be entitled to overtime compensation as per the general regulations.

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