Requirements For Aliens Working In Estonia To Become More Flexible

The Ministry of the Interior is planning changes in the Alien’s Act. Several planned changes have a positive or neutral effect on entrepreneurs, but it does not solve the biggest problem – the problem of immigration.

More flexible rules for working in Estonia

It will become easier for aliens already staying in Estonia to move in the labour market, they will have the possibility to work simultaneously with several employers for short periods of time and change employers without having to apply for a new residence permit. Furthermore, it will become easier to change jobs at the same employer, provided that the professional and qualification requirements set for the position are the same as at the initial position.

Clearly it is important for employing aliens in Estonia to create an environment that would allow aliens to move on the Estonian labour market in an easier manner. At the same time, being employed simultaneously with several employers may bring along unfair competition, considering that the principal employer will have more obligations as compared to others. 

Obligations of the sponsor in case of posted worker

The amendments will clarify that in case of posted employment, the sponsor’s obligations will be on the employer to who the alien is posted. This is due to the fact that within the meaning of the Alien’s Act, the employer is an Estonian employer with whom the alien will work, although the contract may be concluded with a foreign company. Employer who invites an alien to work in Estonia (including upon registering short-term employment, and employer to whom the alien is sent to work), must also take responsibility for that alien, if necessary, find accommodation and ensure support, and provided that the state is forced to expel a person, cover the costs. 

The Chamber does not change the amendment of the Aliens Act which places the sponsor’s obligations on the company that is in Estonia and to whom the person is posted. Since the Estonian company is the party that orders the work and not the employer of the alien, the Estonian employer should not be responsible for fulfilling the conditions set out in the Aliens Act.