The Estonian Chamber of Commerce and Industry (EKTK) wants to reduce the annual minimum paid leave from 28 to 20 days, stating that the current system is unfair, writes ERR News.
In a letter to the Minister of Economic Affairs and Industry Erkki Keldo, the EKTK pointed out that the legislation currently stipulates a minimum of 28 calendar days of paid leave, and noted that granting leave based on calendar days, rather than working days, may be disadvantageous for employees. EKTK Director General Mait Palts explained that if a full-time employee takes 28 calendar days in a row, he has 20 working days off. On the other hand, someone else who divides his leave into 14 days, which must be taken consecutively, and divides the rest only by working days, gets 24 working days off. Palts stressed that changing the procedure for calculating vacation time will ensure that all employees working for the same employer receive the same length of vacation.
In many places in the European Union, vacation is already calculated based on working days only, for example, in Latvia, Lithuania, Germany (20 working days) and Finland (24 working days).
The EKTK also wants to abandon the requirement to take at least 14 vacation days in a row. Palts pointed out that this no longer reflects the reality of the labor market and the wishes of employees. This is especially noticeable in the industrial and service sectors. The EKTK Director General suggests allowing employers and employees to decide for themselves on shorter vacations, for example, a week in a row.
Changes are also expected in the legislation regulating fixed-term contracts.
Currently, a fixed-term contract can only be concluded with justification. According to Palts, in areas where employment is project-based, open-ended contracts are not economically justified, and he noted that employers cannot guarantee continuity of work. Currently, instead of fixed-term contracts, other agreements are concluded, which in turn limit the social guarantees of the employee.
The EKTK has also made recommendations for changes to the conditions of the probationary period, demanding that the employer have the right to terminate the contract during the probationary period if the employee uses sick leave for more than half of the time, as this makes it impossible to assess the employee’s performance.
Palts said that the payment of vacation pay is also a problem. Currently, the law stipulates that it must be paid before the start of the vacation, unless another agreement has been concluded. He noted that employers prefer a simpler salary payment cycle, and employees also prefer to receive their salary evenly. The EKTK wants the payment of vacation pay to be left to the discretion of both parties.
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