According to which kind of contract should you work?
For working and getting salary for work the most widespread contractual forms are the employment contract according to the Employment Act and the contract for services based on the Law of Obligations Act. Irrespective of the contractual form, based on which work is executed, it is necessary to register employment in the Employment Register (Töötamise register - TÖR).
An employment contract is an agreement between an employee and an employer, according to which the employee undertakes to work for the employer, be subordinate to his/her guidance and control; the employer undertakes to pay the employee salary for the executed work and ensure the parties’ a contract, a collective agreement, and working conditions provided by the legislation or the administrative act. Since 2022, the establish minimal hourly pay is 3.86 EUR and the minimal rate of monthly salary is 654 EUR.
The employment contract or the contract under the law of obligations obliges the employee to execute work agreed to in the contract, and the contracting entity to pay charge for it. In the employment contract the executable work is described, the salary and the deadline are established. Until the deadline agreed to, the employee can execute work in a freely chosen way and time. It is worth to pay attention to the fact that when working on the basis of the contract for services, no right to holiday is provided in the employment contract (e.g. annual holiday, study leave, etc.).
The right to health insurance is guaranteed to all persons working on the basis of an employment contract and the contract for services, for whom one or several legal persons pay social tax from the salary within the minimum obligation from the social tax in a month, which is 192.72 EUR in 2022.
As of September 1st 2020, the registered unemployed may do temporary work besides looking for the main job, without being afraid that the registration as unemployed would end due to working. Working temporarily while being registered unemployed or doing a work bite is working while being unemployed, which enables the job seeker to be professionally active while looking for a job vacancy. Employment may be based on an employment contract or a contract under the law of obligations. It is allowed to work eight days a month. One contract for working eight days per month or eight one-day contracts may be concluded - there are no restrictions imposed by the legislation.
When using the environment of Arveteenus.ee for working temporarily, we recommend the contractor and the contracting entity to conclude an agreement in writing specifying the details of the work. Concluding an employment contract enables both parties to understand each other unambiguously and parties do not have to keep an eye on details continuously.
On the homepage of Arveteenus there is a template of an employment contract prepared already. When the work is done and the invoice sent, the employee of Arveteenus.ee registers the worker for one day in the Employment Register to pay the salary on the certain date, the applied taxes are calculated and deducted from the salary. The employee is registered in the Employment Register and taxes are deducted from salary and paid accordingly. You can see your contractual relationships with the employers in the e-environment of the Tax and Customs Board.
Photo: Sora Shimazaki
