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Republic of Estonia Employment Contracts Act

Passed 15 April 1992
(RT1 1992, 15/16, 241),
entered into force 1 July 1992,

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10. Illegal preferences and restriction of rights
(1) It is illegal to allow or give preferences, or to restrict rights on the grounds of the sex, nationality, colour, race, native language, social origin, social status, previous activities, religion, political or other opinion, or attitude towards the duty to serve in the armed forces of employees or employers. It is also illegal to restrict the rights of employees or employers on the grounds of marital status, family obligations, membership in citizens' associations, or representation of the interests of employees or employers.
(2) It is not contrary to subsection (1) of this section to:
1) allow and give preferences based on pregnancy or the raising of children;
2) take into account the sex of an employee in hiring or assigning duties if this is unavoidable due to the nature of the work or working conditions;
3) allow a suitable working and rest time regime which satisfies the religious requirements of an employee;
4) require language skills necessary for the work and pay compensation for proficiency in languages.

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49. Duties of employers
An employer is required to:

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51) organise, at the expense of the employer, vocational training if the employer changes the requirements for professional skills (including proficiency in the official language and foreign languages) necessary for performance of the work;
(14.06.2000 entered into force 10.07.2000 - RT I 2000, 51, 327)

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101. Termination of employment contract upon unsuitability of employee for his or her office or work to be performed due to professional skills or for reasons of health
(1) An employer has the right to terminate an employment contract on the basis prescribed in clause 86 4) if the employee cannot manage to perform his or her duties due to insufficient professional skills or for reasons of health. An employer may terminate an employment contract on the same basis if:
1) the employee lacks a document which is a mandatory precondition for such work;
2) the employee is unsuitable for his or her position or office due to insufficient language or communication skills;
3) the employee fails to develop his or her professional knowledge (including proficiency in the official language and foreign languages) if this is necessary for the performance of his or her work and if the employer has provided the employee with the opportunity therefor pursuant to the agreed procedure.
(14.06.2000 entered into force 10.07.2000 - RT I 2000, 51, 327)

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(3) An employer evaluates the conformity of the professional skills of the employee to the office to be held or the position to be filled. The conformity of the health of the employee is determined by the decision of a doctor.
(4) An employer may terminate an employment contract on the basis prescribed in clause 86 4) if it is not possible to offer another position to the employee or if the employee refuses an offered position.

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Source: Estonian Legal Translation Centre
http://www.legaltext.ee/indexen.htm

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