POSTED WORKERS: OUTLOOK, KEY CHALLENGES AND POLICY RESPONSES Estonian review

THE CURRENT STATE OF PLAY AND REGULATORY FRAMEWORK IN ESTONIA (1) Working Conditions of Employees Posted to Estonia Act (hereafter WCEPEA) transposed the Directive 96/71/EC into Estonian legislation. WCEPEA entered into force on

THE CURRENT STATE OF PLAY AND REGULATORY FRAMEWORK IN ESTONIA (2) Estonia is more of a posting member state than host member state. Employees are posted from Estonia mainly to Finland, Norway and Sweden (in 2014 more than in all). Majority posted employees among member states are posted from Poland.

WEAKNESSES, LOOPHOLES AND TYPE OF ABUSES (1) WCEPEA applies to all employees who have been posted from a foreign state to Estonia. The regulation of WCEPEA has led Estonia to the situation where employers from third countries post their employees to Estonia on the grounds of WCEPEA to avoid the regulation of Aliens Act.

WEAKNESSES, LOOPHOLES AND TYPE OF ABUSES (2) Estonia has not enacted the obligation to registrate the posted employees in Estonia. The most often violated provisions in the WCEPEA are the minimum wage and compensation for overtime work.

KEY CHALLENGES AND POLICY RESPONSES Draft bill transposing the directive 2014/67/EU is being prepared. The aim is to: 1. execute state supervision more effectively; 2. enact subcontracting liability in construction sector; 3. accelerate and intensify cooperation and exchanging information between member states; 4. enact cross-border enforcement of financial administrative penalties and fines; 5. develope registration system of a posted employees.

Thank You for Your attention! For more information please contact: Maria Pihl Adviser Working Life Development Department Ministry of Social Affairs