Firing The Employee in Estonia
Procedures For Terminating the Agreement
In all cases the termination of an employment contract must comply with the terms of the contract. In most cases, there are certain minimum steps which must be followed before termination to avoid the termination amounting to an unfair dismissal. An employment contract will expire:
1. upon grounds established by the Employment Contracts Act and other laws (termination of the employment contract by mutualagreement, upon contract’s expiry, upon the notice of employee, due to circumstances beyond the Employees control, on the Initiative of an employer for reason arising from employee)
2. upon the liquidation of an employer without legal successor; and
3. upon the death of an employee.
For every type of termination the procedural requirements differ.
The employer can terminate an agreement by instant dismissal if the employeeis guilty of gross misconduct. Even in this instance the employer must still follow the minimum statutory steps for dismissal and must still be able to satisfy the test of fairness.
An employee is entitled to terminate a non-term employment contract, by giving his employer written notice of at least 30 days. The employee may cancel a fixed-term employment contract only extraordinarily with good reason prescribed in the Employment Contracts Act. The collective agreement may set a different period of notice, but it shall not exceed one month.
Termination On Notice
The amount of notice that an employer must give to an employee dependson the period of employment. If the employee has worked for:
1. less than one year, the employer must give a minimum of 15 calendar days notice;
2. one to five years, the employer must give a minimum of 30calendar days notice;
3. five to ten years, the employer must give a minimum of 60 calendar days notice;
4. ten year or more the employer must give the employee a minimumof 90 calendar days notice.
Employees who wish to terminate the employment contract must give theemployer a minimum of 30 calendar days notice.
Employment contracts may be cancelled during the probationary period bygiving no less than 15 calendar days’ notice. An employee does not have tonotify the employer of extraordinary cancellation if, considering any and allcircumstances and mutual interests, it cannot be reasonably demanded thatthe performance of the contract be continued until the expiry of the agreedterm or term of advance notice.
Termination By Reason Of The Employee’s Age
Only the circumstances, which are related to the qualification, professionalskills or conduct of an employee, are recognised as valid. Termination byreason of the employee’s age is discriminatory.
Automatic Termination In Cases Of Force Majeure
The death of the employee shall be treated as automatic termination of theemployment relationship.
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