NJORD Estonia: Four options to employ additional labour for the holidays
Loe eestikeelset versiooni SIIT
The holiday season is often accompanied by a shortage of own personnel. Due to an increase in shopping activity, additional labour must be hired, e.g. by shops and manufacturing companies. Based on the rules of working and rest time, the existing employees cannot perform the extra work related to the temporary increase in workload. There are four options to solve the situation.
A fixed-term employment contract
Under the Employment Contracts Act, the employer may enter into a fixed-term employment contract if justified by the reasons arising from the temporary characteristics of the work, especially a temporary increase in work volume. It is reasonable to enter into such a contract in writing with reference to the reason for the fixed term. Besides, it is advisable to agree on various other conditions that defend the interests of the employer in the contract.
Considering the character of the work or the result, entering into a service agreement is not excluded. In that case, the person is not an employee, but a service provider. A proper written agreement, which regulates the rights and obligations of the parties must be concluded for providing services. Such an agreement does not limit the service hours of the service provider.
Temporary agency work
Temporary agency work is certainly an option depending on the nature of the work. It must be checked though that a proper service agreement between the company and the temporary-work agency is concluded. The agreement must certainly regulate the rights and obligations of both parties: who will give and when does he/she give instructions to the employees, pays the salary, is responsible for the accident at work and compensates for the loss. Both parties may cause damage, including the employee. In order to avoid a dispute involving several parties, it is essential to enter into a comprehensive agreement.
Job mobility network
Practice has proved that the use of job mobility networks is a great option in case of simpler work that doesn’t require much preparation. An excellent example of a job mobility platform is GoWorkaBit.