In addition to annual holiday, there are various situations where employees have the right to different types of holiday for which the employer is required to pay employees holiday pay as provided by the state. In that case, within three months after the holiday of an employee the employer can file with the Social Insurance Board an application for the compensation for the holiday pay from the state budget.
The holiday pay for the following types of holiday is subject to compensation:
- Annual holiday of an employee with partial or no work ability or a minor employee, according to:
- § 56 of the Employment Contracts Act (‘Annual holiday of minor’) or
- § 57 of the Employment Contracts Act (‘Annual holiday of employee with partial or no work ability’);
- Paternity leave, according to § 60 of the Employment Contracts Act;
- Child leave, according to § 63 (1) of the Employment Contracts Act;
- Child leave for parents of a disabled child, according to § 63 (2) of the Employment Contracts Act;
- Paid carer’s leave according to § 651 of the Employment Contracts Act (as of 01.07.2018);
- Compensation for average wage retained for breaks for nursing a child, according to § 10 of the Occupational Health and Safety Act.
Please note that for being compensated for holiday pay you must file an application no later than within three months as of the month the relevant employee was on holiday. After that the Social Insurance Board cannot process the application.
An application for the compensation for holiday pay and average wage must be filed no later than within three months as of the month the relevant employee was on holiday. The application may be filed by the employer or a person authorised by the employer. We are entitled to verify the correctness of the data submitted by the employer and the documents on the basis of which the application was prepared.
The easiest way to file an application is through the state portal www.eesti.ee. The application form is available here:
Labour Environment --> Vacation pay and average wages compensation
N.B. Compensation for paid carer’s leave applicable as of 1 July 2018 cannot be temporarily applied for through the eesti.ee portal. Please send the application electronically digitally signed or on paper. We apologise for the inconvenience.
If filing an application in the E-environment is not possible for any reason, the application can be submitted digitally signed to the e-mail address firstname.lastname@example.org or by mail to the address Tallinna 14, 79513, Rapla. The application can also be filed at the Social Insurance Board’s customer service points.
Application form: List of data for applying for compensation for holiday pay and average wage from the state budget *.xls (50.5 KB, XLS) *.pdf (485.9 KB, PDF)
On the basis of § 134 of the Employment Contracts Act, as of 1 January 2011 it is possible to deposit employment record books with the Social Insurance Board. An employment record book may be submitted to the Social Insurance Board by the holder of the employment record book or their employer.
According to the Employment Contracts Act effective as of the summer of 2009, employers are no longer required to maintain employment record books. However, information entered in employment record books earlier is necessary to ascertain years of pensionable service before 1999 as well as in exceptional cases periods worked afterwards. Information in employment record books may be needed for granting pension many years later. Therefore, employment record books may not get lost or destroyed.
An employment record book in the possession of the employer shall remain there until the expiry of the employment contract or end of the service relationship. When an employment or service relationship ends, the relevant employment record book shall generally be given to the employee or public servant. If the employee or public servant does not retrieve their employment record book after the passing of one year as of the end of the employment or service relationship, the employer may deposit the employment record book with the Social Insurance Board.
When handing employment record books over to the Social Insurance Board the employer shall attach a list setting out the number of employment record books and the names and personal identification codes of persons whose employment record books are deposited.
Where necessary, the Social Insurance Board has the right to request additional information for identifying the person in question.
Information in an employment record book which has a legal meaning upon the calculation of the pension qualifying period shall be entered in the State Pension Insurance Register. After the grant of old-age pension the employment record book is returned to the holder thereof.
Employment record books may be submitted to the regional customer service points of the Social Insurance Board. If you have any questions, please write to the e-mail address email@example.com or call the Social Insurance Board’s helpline 612 1360.