FIXED-TERM EMPLOYMENT CONTRACT
This fixed-term employment contract (hereinafter the "Contract") has been entered into in [Place of signing] on [Date of the contract] between the following parties (hereinafter together the "Parties"):
1. PARTIES
1.1 [Name of the employer]
Registry code: [Registry code of the employer]
Address: [Address of the employer]
Representative: [Name of the employer's representative]
(hereinafter the "Employer")
1.2 [Name of the employee]
Personal identification code: [Personal identification code of the employee]
Address: [Address of the employee]
E-mail: [E-mail of the employee]
(hereinafter the "Employee")
2. POSITION AND PLACE OF WORK
2.1 The Employee takes up the position of: [Position]. The Employee performs work for the Employer, being subject to the management and supervision of the Employer (Employment Contracts Act (TLS) § 1 (1)). The Employer provides the Employee with a description of the work duties in writing in a job description; if this has not been done before the Employee starts work, then within seven calendar days after the Employee starts work (TLS § 5 (1) 3), (3)). In doing so, the Employee undertakes to cooperate with other employees and to perform, without a special order of the Employer, the duties arising from the nature of the work or the general course of the work.
2.2 The place of work is [Place of work].
3. TERM OF THE CONTRACT AND REASON FOR THE FIXED TERM
3.1 The Employee starts work on [Start date of work].
3.2 The Contract is entered into for a specified term and ends on [End date of the employment contract].
3.3 The Contract has been entered into for a specified term for the following good reason: [Good reason for the fixed term]. Explanation of the reason: [Explanation of the good reason].
3.4 The Parties confirm that the work is temporary by its nature. A fixed-term employment contract may be entered into for up to five years (TLS § 9 (1)). If entry into the fixed-term Contract was contrary to law, the Contract is deemed to have been entered into for an unspecified term from the beginning (TLS § 80 (2)). If the Parties have entered into a fixed-term employment contract for the performance of similar work consecutively more than twice or have extended it more than once within five years, the employment relationship is deemed to have been entered into for an unspecified term from the beginning (TLS § 10 (1)).
4. PROBATIONARY PERIOD
4.1 The purpose of the probationary period is to assess the Employee's suitability for the agreed work (TLS § 10¹ (1)). The Parties have agreed on a probationary period of [Probationary period (months)] months as of the start of work; an agreement on a probationary period of 0 months means that no probationary period applies.
4.2 If the Parties have not agreed on the duration of the probationary period, the statutory probationary period applies. The probationary period may not be longer than four months and, in the case of a Contract entered into for up to eight months, longer than half of the duration of the Contract (TLS § 10¹ (1) and (3)). The time during which the Employee was prevented from performing work duties, in particular due to temporary incapacity for work or holiday, is not included in the probationary period (TLS § 10¹ (4)). Upon the extension of the Contract or its consecutive conclusion for the performance of similar work, no new probationary period applies (TLS § 10¹ (5)).
4.3 During the probationary period, either Party may cancel the Contract by giving at least 15 calendar days' advance notice thereof (TLS § 86 (1), § 96); the Employer may not cancel the Contract for a reason that is contrary to the purpose of the probationary period (TLS § 86 (4)).
5. WORKING TIME AND OVERTIME
5.1 The Employee's working time is [Working hours per week] hours per week. Full-time working time is 40 hours within a period of seven days; shorter working time is part-time working time (TLS § 43 (1)).
5.2 The beginning and end of working time and the breaks during the working day are determined in the work organisation rules established by the Employer (TLS § 47 (1)).
5.3 Overtime work by the Employee is agreed separately on each occasion (TLS § 44 (1)). Overtime work is compensated with time off equal to the overtime, unless compensation in money has been agreed; in the case of compensation in money, the Employer pays 1.5 times the wages (TLS § 44 (6)–(7)).
6. WAGES AND TAXES
6.1 The Employee's gross wages are [Gross wages (€ per month)] euros per month.
6.2 Wages are paid once a month to the Employee's bank account [Pay day]. If the pay day falls on a public holiday or a day off, the pay day is deemed to occur on the preceding working day (TLS § 33 (2)).
6.3 The Employer withholds personal income tax, the unemployment insurance premium and the funded pension contribution from the wages paid. In addition, the Employer pays social tax and the unemployment insurance premium for the Employee. The recipient of income and social tax and of unemployment insurance premiums and mandatory funded pension contributions is the Tax and Customs Board. Income tax finances the governing activities of the state and local government units, and social tax finances state health insurance and first and second pillar pensions. The unemployment insurance premium finances unemployment insurance, which, under certain conditions, provides the employee with protection in the event of unemployment through benefits, allowances and services. The mandatory funded pension contribution finances the second pillar pension. Tax-free income is deducted from the wages only on the basis of a written application of the Employee (Income Tax Act (TuMS) § 42 (1)).
7. HOLIDAY
7.1 The Employee is entitled to annual holiday of [Annual holiday (calendar days per year)] calendar days per year. Annual holiday is at least 28 calendar days (TLS § 55) and 35 calendar days for a minor employee and an employee with partial or no work ability (TLS §§ 56–57); if the duration specified is shorter, the statutory duration applies (TLS § 2).
7.2 The use of holiday is agreed in the holiday schedule; the Employee gives 14 calendar days' advance notice of holiday not entered in the schedule in a form reproducible in writing (TLS § 69 (3)). The Employee is granted other holidays on the grounds and for the duration provided by law; the Employer compensates holidays in accordance with the procedure provided for in the Employment Contracts Act.
8. OBLIGATIONS OF THE PARTIES
8.1 The Employee performs the Employee's obligations towards the Employer loyally and with the necessary diligence arising from the nature of the work, complies with the lawful orders of the Employer and the occupational health, occupational safety and fire safety requirements, uses the Employer's property with due care and notifies the Employer of the Employee's temporary incapacity for work at the first opportunity (TLS §§ 15–16). Upon the termination of the Contract, the Employee returns all property entrusted to the Employee and hands over the Employee's work matters no later than on the last day of work.
8.2 The Employer provides the Employee with the agreed work, pays the wages on the agreed terms and at the agreed time, grants the prescribed holiday, keeps records of working time, ensures working conditions that comply with occupational health and safety requirements and informs the Employee of vacant positions corresponding to the Employee's knowledge and skills where it is possible to enter into an employment contract for an unspecified term (TLS § 28 (2)).
8.3 The Employee is liable for a breach of the Contract only in the case of culpability (TLS § 72). The Employee confirms that the Employee has read the Employer's work organisation rules and undertakes to comply with them. If a collective agreement applies to the Employee, the Employer introduces its terms to the Employee (TLS § 28 (2) 8)).
9. TERMINATION OF THE CONTRACT
9.1 The Contract expires upon the expiry of its term without separate cancellation (TLS § 80 (1)). The Parties may terminate the Contract by agreement at any time (TLS § 79).
9.2 If the Employee continues to work after the expiry of the term, the Contract is deemed to have been entered into for an unspecified term, unless the Employer expressed a different intention within five working days after the Employer became or should have become aware that the Employee continues to perform the employment contract (TLS § 80 (3)).
9.3 The Employee may not cancel the fixed-term Contract in the ordinary manner, except for a Contract entered into for the period of replacement of an employee, which may be cancelled in the ordinary manner with 30 calendar days' advance notice (TLS § 85 (2), § 98 (1)). The Employee may cancel the Contract extraordinarily for a good reason (TLS § 91).
9.4 The Employer may not cancel the Contract in the ordinary manner (TLS § 85 (5)); the Employer may cancel the Contract extraordinarily only for a good reason provided by law (TLS § 87), giving at least 15, 30, 60 or 90 calendar days' advance notice depending on the Employee's length of employment, unless otherwise provided by law (TLS § 97 (2)–(3)). Upon the cancellation of a fixed-term Contract for economic reasons, the Employer pays the Employee compensation corresponding to the wages that the Employee would have been entitled to receive until the expiry of the term of the Contract, except in the cases provided by law (TLS § 100 (3)).
9.5 A notice of cancellation is given in a form reproducible in writing; a conditional notice is void. The Employer must always give reasons for a cancellation, and the Employee for an extraordinary cancellation (TLS § 95 (1)–(2)). If a Party gives shorter advance notice, the other Party is entitled to receive the average daily wage for each working day by which the notice was shorter (TLS § 100 (5)).
9.6 Upon the termination of the Contract, the claims arising from the employment relationship become collectible (TLS § 84 (1)) and unused annual holiday that has not expired is compensated in money (TLS § 71).
9.7 The Parties have discussed the possibility of continuing the employment relationship for an unspecified term. Continuation is formalised by a separate written agreement.
10. PERSONAL DATA AND REGISTRATION OF EMPLOYMENT
10.1 The Employer processes the Employee's personal data to the extent necessary for the performance of the obligations arising from the Contract and the law and retains the data of the Contract during the term of the Contract and for ten years after the termination of the Contract (TLS § 5 (5)).
10.2 The Employer registers the Employee's employment in the employment register of the Tax and Customs Board before the Employee starts work.
11. DISPUTE RESOLUTION
11.1 Disputes arising from the Contract are resolved primarily through negotiations. Failing agreement, the dispute is resolved by a labour dispute committee or in court. In the case of recourse to a court, the dispute is resolved by: [Court for resolving disputes].
11.2 The term for filing a claim arising from the employment relationship is four months unless otherwise provided by law (TLS § 3¹); in order to establish the voidness of a cancellation, recourse must be had within 30 calendar days after receipt of the notice of cancellation (TLS § 105 (1)).
12. LEGAL BASIS AND FINAL PROVISIONS
12.1 The Contract is governed by the law of the Republic of Estonia, in particular the Employment Contracts Act.
12.2 Amendments to the Contract are made in writing and the Employer provides the Employee with changes to the details of the Contract no later than on the day the changes take effect (TLS § 5 (4)). If any provision of the Contract is or becomes invalid, this does not affect the validity of the remaining provisions. The Contract enters into force once both Parties have signed it.