Minors working in Estonia

From what age and what kind of work may a minor do?

A minor is a person under 18 (TsÜS § 8 lg 2) [6]. Within the meaning of the Employment Contracts Act, a minor is subject to the obligation to study until acquiring basic education or turning 17 (TLS § 7 lg 1¹) [1]. The main rule is that an employer may not conclude an employment contract with a minor under 15 or a minor subject to the obligation to study, or allow them to work, except in the cases the Act lists (TLS § 7 lg 1) [1]. The exceptions depend on age:

• Aged 7–12: light work in culture, art, sport or advertising (TLS § 7 lg 4) [1].
• Aged 13 or over and subject to the obligation to study: light work, where the duties are simple and do not require great physical or mental effort (kerge töö) (TLS § 7 lg 4) [1]. A 13-year-old may be employed for agricultural work, auxiliary work in a trade or service business or in a catering or accommodation business, and other work that meets the requirements for light work and the prohibitions (TLS § 7 lg 4¹) [1].
• In a family business (pereettevõte): a fixed-term contract for light work may be concluded with a child aged 7–17 without the restrictions on fields of activity (TLS § 7 lg 4²) [1].
• Aged 15–17 and no longer subject to the obligation to study: the prohibition in subsection 1 does not apply, but the prohibitions on certain kinds of work still do (TLS § 7 lg 1 and 2) [1].

What work is prohibited for minors?

No minor may be allowed to do work that exceeds their physical or mental capacities, endangers their morals, involves dangers they cannot notice or prevent in time for lack of experience or training, hinders their social development or education, or endangers their health because of the nature of the work or hazards of the working environment (TLS § 7 lg 2) [1]. The list of prohibited work and hazards is set by a Government regulation (TLS § 7 lg 3) [1].

Under that regulation, minors may not do, for example, work involving a risk of falling from height, work with high-voltage electrical equipment, work with a mechanical cutter, circular or band saw, metal milling machine or welding equipment, demolition work or underground work (Töökeskkonna ohutegurite ja tööde loetelu, mille puhul alaealise töötamine on keelatud § 5 lg 1) [7]. Mowing a lawn with a mechanical cutter is allowed for a minor aged at least 15 if direct contact with the blade is excluded in normal use of the device, the minor uses the prescribed personal protective equipment, does not maintain, clean or repair the device, and the work suits their age and abilities (Töökeskkonna ohutegurite ja tööde loetelu, mille puhul alaealise töötamine on keelatud § 5 lg 2) [7]. Exceptions are possible during vocational training placements if the work is supervised by the placement supervisor or a working environment specialist and the necessary safety measures are in place (Töökeskkonna ohutegurite ja tööde loetelu, mille puhul alaealise töötamine on keelatud § 6) [8].

An employment contract concluded in breach of these restrictions is void (TLS § 7 lg 6) [1]. Concluding such a contract or allowing a minor to work is punishable by a fine of up to 300 fine units for the employer, its management board member or other representative to whom the duty was delegated, and by a fine of up to 32 000 euros for a legal person (TLS § 118 lg 1 and 2) [9].

How much and when may a minor work?

Unless shorter working time has been agreed, a minor's full working time is (TLS § 43 lg 4) [3]:

• aged 7–12: 2 hours on a school day and 5 hours on a non-school day, but during the school term not more than 12 hours in a seven-day period; during school holidays 6 hours a day and 30 hours in a seven-day period;
• aged 13–14: 2 hours on a school day and 7 hours on a non-school day, but during the school term not more than 12 hours in a seven-day period; during school holidays 7 hours a day and 35 hours in a seven-day period;
• aged 15 or over and subject to the obligation to study: 2 hours on a school day and 8 hours on a non-school day, but during the school term not more than 12 hours in a seven-day period; during school holidays 8 hours a day and 40 hours in a seven-day period.

A minor subject to the obligation to study who does light work in culture, art, sport or advertising may work 3 hours on a school day during the school term, but not more than 12 hours in a seven-day period (TLS § 43 lg 4²) [3]. An agreement on summarised working time that exceeds these limits is void (TLS § 43 lg 5) [3]. For a minor who has fulfilled the obligation to study, working time under summarised working time may not exceed 8 hours a day and 40 hours in a seven-day period (TLS § 43 lg 5) [3].

The following restrictions also apply.

• No overtime: an overtime agreement with a minor is void (TLS § 44 lg 2) [4], and overtime cannot be demanded from a minor even because of unforeseen circumstances (TLS § 44 lg 5) [4].
• Evenings and nights: an agreement that an employee subject to the obligation to study works from 20.00 to 6.00, or that an employee aged 15–17 who is no longer subject to it works from 22.00 to 6.00, is void (TLS § 49 lg 1) [10]. The exception is light work in culture, art, sport or advertising under adult supervision from 20.00 to 24.00 (TLS § 49 lg 2) [10]. An agreement to work immediately before the start of a school day is also void (TLS § 49 lg 3) [10].
• Breaks: for more than 4,5 hours of work a minor must have a break of at least 30 minutes, which does not count as working time (TLS § 47 lg 3) [11].
• Daily rest: an employee aged 7–14, or an older employee subject to the obligation to study, must have at least 14 consecutive hours of rest in every 24-hour period, and an employee aged 15–17 who is no longer subject to it at least 12 hours (TLS § 51 lg 2) [12].

Is consent from the parents and the Labour Inspectorate needed?

Yes, the consent of a parent (legal representative) is always needed. A minor's declaration of intent to conclude an employment contract made without the legal representative's prior consent is void, unless the representative later approves it (TLS § 8 lg 1) [2]. An employer is prohibited from allowing a minor to work without the legal representative's consent or approval (TLS § 8 lg 9) [2].

For the work of a minor subject to the obligation to study, the legal representative may not give consent for longer than two months of the summer holidays, provided the minor is left at least four consecutive weeks of rest; five calendar days in a one-week school holiday; and ten calendar days in a two-week school holiday (TLS § 8 lg 2) [2].

The consent of the Labour Inspectorate (Tööinspektsioon) is needed for a child aged 7–12:

• the employer may not let the child start work until five working days have passed since the child's registration in the employment register (töötamise register), unless the labour inspector received the data earlier and has already given consent (TLS § 8 lg 3) [2];
• on registration, the employer gives the Labour Inspectorate data on the legal representative's consent, the working conditions and duties, and the obligation to study (TLS § 8 lg 4) [2];
• the inspector checks that the work is not prohibited for the child, the working conditions comply with the law and the child wants to work (TLS § 8 lg 5) [2];
• consent is presumed when the period has passed and the inspector has not refused (TLS § 8 lg 6) [2]; if the inspector refuses, the employment contract is void (TLS § 8 lg 8) [2].

How long is a minor's holiday and what other protections apply?

A minor employee's annual holiday is presumed to be 35 calendar days, unless a longer basic holiday has been agreed or the law provides otherwise (TLS § 56) [5]. A minor subject to the obligation to study has the right to demand basic holiday during school holidays (TLS § 69 lg 7 p 5) [13].

• The risks to a minor employee must be assessed before the minor starts work and when the working conditions change significantly (TTOS § 10¹ lg 2) [14].
• Where an employee's health check must be arranged, for a minor employee it is repeated, after the initial check, at least once a year; for other employees, after the interval set by the occupational health doctor, but at least once every three years (TTOS § 13¹ lg 8) [15].
• A minor may be sent on a business trip only with the prior consent of the minor and their legal representative (TLS § 21 lg 4) [16].
• An agreement with a minor on reimbursing training costs is void (TLS § 34 lg 5) [17].

What the law says

• „Tööandja ei tohi töölepingut sõlmida alla 15-aastase või õppimiskohustusliku alaealisega ega teda tööle lubada, välja arvatud käesoleva paragrahvi lõigetes 4–4² sätestatud juhtudel.“ [1] (translation: an employer may not conclude an employment contract with a minor under 15 or a minor subject to the obligation to study, or allow them to work, except in the cases of subsections 4–4²; TLS § 7 lg 1) – younger children and pupils may only be employed under the light-work exceptions.
• „Õppimiskohustus käesoleva seaduse tähenduses on alaealisel kuni põhihariduse omandamiseni või 17-aastaseks saamiseni.“ [1] (translation: within the meaning of this Act, a minor is subject to the obligation to study until acquiring basic education or turning 17; TLS § 7 lg 1¹).
• „Tööandjal on keelatud alaealist tööle lubada ilma seadusliku esindaja nõusoleku või heakskiiduta.“ [2] (translation: an employer is prohibited from allowing a minor to work without the legal representative's consent or approval; TLS § 8 lg 9).
• „Ületunnitöö kokkulepe alaealisega on tühine.“ [4] (translation: an overtime agreement with a minor is void; TLS § 44 lg 2).
• „Eeldatakse, et alaealise töötaja iga-aastane puhkus on 35 kalendripäeva“ [5] (translation: a minor employee's annual holiday is presumed to be 35 calendar days; TLS § 56) – longer than the general basic holiday of 28 calendar days (TLS § 55) [18].

What to do

1. Find out the young person's age and whether they are still subject to the obligation to study, i.e. whether they have acquired basic education or turned 17 (TLS § 7 lg 1¹) [1].
2. Check that the work is allowed: the light-work requirements and the age-based exceptions (TLS § 7 lg 4–4²) [1] and the list of prohibited work (TLS § 7 lg 2) [1] (Töökeskkonna ohutegurite ja tööde loetelu, mille puhul alaealise töötamine on keelatud § 5 lg 1) [7].
3. Obtain the legal representative's consent before work starts (TLS § 8 lg 1 and 9) [2].
4. For a child aged 7–12, register the child in the employment register, give the Labour Inspectorate the required data and wait five working days or for the inspector's consent (TLS § 8 lg 3 and 4) [2].
5. Assess the risks to the minor employee before they start work (TTOS § 10¹ lg 2) [14].
6. Plan the schedule around the age-based working time, breaks, prohibited hours and rest periods (TLS § 43 lg 4; § 47 lg 3; § 49 lg 1; § 51 lg 2) [3] [11] [10] [12].

Frequently asked questions

Can a 14-year-old work in the summer?

Yes, light work, if the legal representative has given consent (TLS § 7 lg 4; § 8 lg 9) [1] [2]. During school holidays a 13–14-year-old's full working time is 7 hours a day and 35 hours in a seven-day period (TLS § 43 lg 4 p 2) [3]. For the summer holidays the legal representative may not give consent for longer than two months, and the minor must be left at least four consecutive weeks of rest (TLS § 8 lg 2 p 1) [2].

Can a minor work night shifts?

No. An agreement that an employee subject to the obligation to study works from 20.00 to 6.00, or that an employee aged 15–17 no longer subject to it works from 22.00 to 6.00, is void (TLS § 49 lg 1) [10]. The exception is light work in culture, art, sport or advertising under adult supervision from 20.00 to 24.00 (TLS § 49 lg 2) [10].

Can a 16-year-old mow lawns?

Mowing with a mechanical cutter is allowed from the age of 15 if direct contact with the blade is excluded in normal use, the minor uses personal protective equipment, does not maintain, clean or repair the device, and the work suits their age and abilities and does not endanger their health (Töökeskkonna ohutegurite ja tööde loetelu, mille puhul alaealise töötamine on keelatud § 5 lg 2) [7].

What if a parent has not given consent?

The minor's declaration of intent to conclude the employment contract is void unless the legal representative later approves it (TLS § 8 lg 1) [2]. The employer may not allow the minor to work without consent or approval (TLS § 8 lg 9) [2].

Is a minor's holiday longer?

Yes, it is presumed to be 35 calendar days (TLS § 56) [5], and a minor subject to the obligation to study may demand basic holiday during school holidays (TLS § 69 lg 7 p 5) [13].