Like all EU member states, Estonia has a legal framework in place to support fairness, safety and dignity at work. These laws are designed to uphold key standards around employee protection. Estonia combines national legislation with EU directives to create clear rules that apply to both employers and employees.
In this section, we explore several core aspects of employee protection in Estonia, including whistleblower rights, data protection requirements, and the rules around workplace monitoring. We also cover equal treatment for temporary agency workers, anti-discrimination and harassment laws, and fair pay obligations. Finally, we highlight upcoming changes under the EU Pay Transparency Directive, which will introduce new employee protections that Estonian employers must prepare for by 2026.
Whistleblowers play an important role in society by reporting wrongdoing or illegal activity in the workplace. To support this, many countries have passed specific laws to protect whistleblowers from retaliation and ensure their reports are handled appropriately.
Estonia is no exception. In line with EU requirements, the country has adopted national legislation to protect individuals who report work-related breaches of the law. Read on to learn what employers need to know about whistleblowing in Estonia.
Estonia’s Whistleblower Protection Act came into effect on 1 September 2024, implementing the EU Whistleblower Directive. It initially applied to companies with 250 or more employees. Coverage was extended to include companies with at least 50 employees in January 2025.
The act requires employers to set up internal reporting channels to enable whistleblowers to come forward. Estonian employers have the right to choose what type of reporting channel they set up (such as an email address, phone number, postal address, app, or platform), as long as whistleblowers can report either orally, in writing, or both. Group companies can set up joint reporting channels.
To comply with Estonia’s whistleblowing law, employers must acknowledge receipt of any reports received within seven days and provide feedback and follow-up actions within three months. This should include the outcome of any investigation. Employers are also required to keep a record of whistleblower reports and actions taken and retain it for at least three years.
Employers in Estonia are prohibited from retaliating against whistleblowers in any way. Retaliation might include dismissal, demotion, withheld promotion, salary reduction, altered job duties or hours, harassment, or any other negative treatment of the employee based on their disclosure. If any of the above occur, the burden of proof for showing that it was not due to the whistleblower’s report is on the employer.
Not all reports of workplace wrongdoing are protected under Estonia’s whistleblowing law. Protected disclosures include reports of violations of EU law made in the context of work, covering areas such as:
Who can be a whistleblower in Estonia?
While whistleblowers are often employees of a company, they may also be other professionals who have witnessed wrongdoing as part of their work. This might include:
Handling employees’ personal data is an essential part of employment, and employers in Estonia are required to do so in a lawful, secure, and transparent manner. Read on to learn what you need to know about data protection in Estonia.
As part of the EU, Estonia applies the General Data Protection Regulation (GDPR), supplemented by the Personal Data Protection Act and key provisions in the Employment Contracts Act. These laws provide rules that employers must follow when collecting, processing, storing, and securing employee data in Estonia.
To ensure compliance with Estonia’s Personal Data Protection Act and the GDPR, employers in Estonia must have a clear legal basis for processing employee data. Employers should be aware that consent may not be a valid legal basis in the employment context due to the imbalance in the relationship.
Employers should also:
Employee monitoring is permitted in Estonia, but it must comply with strict privacy protections under the Employment Contracts Act. Any surveillance must be necessary, proportionate, and respect employee privacy.
Covert monitoring is generally prohibited. If cameras are used in the workplace, this must be for legitimate purposes such as protecting people or property, and employees must be clearly informed. Employers may monitor work devices, but collecting data related to personal use outside of work hours is only allowed if explicitly stated in the employment contract.
Employers in Estonia can engage temporary agency workers to meet short-term staffing needs. For example, an employer may turn to an agency if they need to cover absences or respond to seasonal demand. However, there are specific rules governing the use of agency workers to ensure they receive fair treatment and protection at work. Read on to find out what you need to know.
Temporary agency work in Estonia is regulated under the Employment Contracts Act and the Equal Treatment Act, aligned with EU Directive 2008/104/EC. A temporary working arrangement requires a tripartite agreement between:
Temporary agency workers in Estonia are legally entitled to the same basic working conditions as comparable permanent staff employed directly by the user undertaking. According to the Equal Treatment Act, this includes pay, work hours, rest breaks, holidays, and access to facilities such as canteens, transport, and childcare. The aim is to prevent exploitation and protect labour standards across flexible arrangements.
Temporary agency workers in Estonia also have certain other specific rights under EU and local labour laws. First, employers must inform temporary agency workers when a permanent position opens up in their company, enabling them to seek more stable employment.
There is also a limit on the number of times a user undertaking can renew a contract with the same temporary agency worker without their position becoming permanent. Lastly, both the temporary work agency and the user company must ensure the worker’s safety and healthy working conditions in line with posted worker regulations.
Employees in Estonia have the right to be free from discrimination at work under both national and EU legislation. These laws apply to both public and private sector employers and place clear responsibilities on employers to treat all employees fairly, regardless of their background, personal characteristics, or contract type.
The key anti-discrimination laws in Estonia are the Equal Treatment Act and the Gender Equality Act. These laws are supported by provisions in the Employment Contracts Act and reflect the requirements of several EU directives.
The Gender Equality and Equal Treatment Commissioner is the national body responsible for monitoring compliance and reviewing discrimination complaints. Under Estonian law, the burden of proof in discrimination cases is on the employer. That means that, if an employee feels they have been discriminated against, it is on the employer to prove that no discrimination has occurred.
Under Estonian law, employers must not discriminate against employees in any area of employment, including recruitment, pay, promotions, training, and termination. The Equal Treatment Act protects individuals from discrimination based on:
Some limited exceptions may apply, such as differences in treatment for legitimate employment policy aims or for age- and disability-related adjustments.
Harassment is recognised as a form of discrimination under Estonian law. Both the Equal Treatment Act and the Gender Equality Act prohibit harassment that violates a person’s dignity or creates an intimidating, hostile, degrading, or offensive work environment. This includes sexual harassment and other forms of unwanted conduct based on a protected characteristic.
Employers in Estonia are legally required to prevent harassment in the workplace and to investigate any complaints fairly and confidentially. Dismissal or other retaliatory action against an employee for reporting harassment or discrimination is also prohibited.
Employees in Estonia are guaranteed the right to equal pay by both the Equal Treatment Act and the Gender Equality Act. These pieces of legislation prohibit unequal pay on the basis of gender, race, disability, and other characteristics. Despite this, Estonia still has a gender pay gap of 13.1%, compared to the EU average of 12.7%.
In June 2023, the EU approved a new directive on pay transparency, which must be transposed in all member states by June 2026. As an EU country, Estonia will have to introduce several changes to its laws on pay equity, including:
Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Estonia. Get it wrong, and you could face legal action and damage to your reputation.
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