On 13.02.2026, an amendment to the Employment Act (§ 433) entered into force, allowing for the conclusion of a flexible working time agreement. We will explain the nature of the amendment to the act with the following questions and answers.
A LAWYER ANSWERS THE EMPLOYEE'S QUESTIONS
Mis on paindliku tööaja kokkulepe?
Paindlik tööaja kokkulepe on tööandja ja töötaja vahel sõlmitud kokkulepe, milles lepitakse kokku tööajale kohustuslikud töötunnid (osaline töökoormus) ja mittekohustuslikud töötunnid, mida töötaja võib veel täiendavalt töötada. Näiteks tööandja annab töötajale töölepingu muudatuse (uue töölepingu), kus on tööaja kohta selline punkt: ”Töötaja kohustub töötama 10 tundi seitsmepäevase ajavahemiku jooksul ja töötajal on võimalik lisaks töötada 30 tundi seitsmepäevase ajavahemiku jooksul.” Näite järgi kohustuslikke kokkuleppelisi töötunde on 10 tundi nädalas ja täiendavaid mittekohustuslikke töötunde on kuni 30 tundi nädalas.
Is a flexible working time agreement beneficial to the employee?
Flexible working hours do not guarantee a stable workload and income for the employee. If the employee has another steady income and wants to work part-time at a time that suits them, flexible working hours may be suitable for the employee.
If a flexible working hours contract is the employee's only way to earn income, then due to unstable workload and income, flexible working hours are not beneficial to the employee.
My employer offers flexible working hours, do I have to sign an employment contract for this?
The employee is not obliged to work flexible working hours. Flexible working hours must be agreed upon. The employee should sign the employment contract (amendment to the contract) if he/she understands the contract (amendment to the contract) and agrees to all the clauses of the employment contract.
Is it enough to agree on two numbers (mandatory working hours + additional hours) in the employment contract to conclude a flexible working time agreement?
Is it enough to agree on two numbers (mandatory working hours + overtime) in the employment contract to conclude a flexible working time agreement?
If not all legally required points have been agreed, do I still have to work flexibly?
If not all the legally required points have been agreed, do I still have to adhere to the flexible working hours agreement?
If I sign a contract that guarantees the agreed 10 hours of work, is it possible that I only work 10 hours a week?
If I sign a contract that guarantees the agreed 10 working hours, is it possible that I only work 10 hours per week? The agreed working hours are binding on both the employee and the employer. The employer is not obliged to offer additional hours. Therefore, it is possible that the employee's workload is only 10 hours per week for a long time?
Do the agreed mandatory working hours always have to be 10 hours?
The minimum mandatory working hours during a seven-day period are 10 hours. It is always possible to agree on longer mandatory working hours.
How much should the salary be if there is an agreement on flexible working hours?
The wage must be at least 1.2 times the minimum wage. For example, if the agreement is concluded in February 2026, the employee's wage must be at least 6.37 euros gross per hour (minimum wage 5.31x1.2). From April 2026, the minimum wage will increase and then the gross hourly wage must be at least 6.8 euros (5.67x1.2).
My employer offers extra hours based on a verbal agreement, is a written contract not required?
A verbal response is not sufficient. The employee must confirm their agreement to the additional hours in a form that can be reproduced in writing, such as an email, text message, etc.
If I have agreed to work flexibly, how many hours do I have to work?
The obligation is to work the agreed working hours (in the above example, 10 hours per week or 40 hours per month). However, the employer may also offer extra hours and if the employee agreed to the extra hours, he must also work all the extra hours he agreed to.
Can I refuse extra hours offered by my employer if the employer has included the extra hours in the work schedule sent to me?
An employee can always refuse to work overtime and does not have to give a reason to the employer. With flexible working hours, an employee only has to work overtime if they want to work more.
What should I do if the extra hours in my work schedule don't suit me?
The employee must inform the employer in writing (SMS, email, etc.) of their agreement to the additional hours. If the additional hours offered are not suitable, they must not accept them. However, if the employee has agreed to the additional hours but cannot work according to the schedule for some reason, they must separately agree with the employer to change the schedule.
If I constantly refuse to work overtime, can my employer terminate my employment contract?
Refusing overtime cannot result in termination of the employment contract. However, there may be a risk that the employer will no longer offer overtime.
When can an employer offer me extra hours?
The employer can offer overtime at any time, but must give advance notice of the overtime. Rules can also be agreed upon for when the overtime will be offered, for example only during the employee's working hours.
How much notice does my employer need to give if they want me to work overtime?
The law does not stipulate a notice period. The agreed notice period should certainly be reasonable and take into account the employee's other obligations (for example, obligations related to parenthood, caring for a loved one, studying, etc.).
If all employees have flexible working hours, but the employer only offers overtime to some, is that unequal treatment?
The employer must ensure equal treatment of employees, so all employees must have the same conditions and opportunities. If an employee is willing to work overtime, but only he or she is not offered overtime, this may be unequal treatment.
Is it allowed to calculate working time in a cumulative manner?
Yes, it is possible, but the employee must know that the aggregated calculation of working time applies and what the period for calculating working time is.
Will overtime disappear with flexible working hours?
Only hours that exceed the agreed working hours and additional hours can be considered overtime. For example, if an agreement is made for 10 hours of working time + 30 possible additional hours, overtime will occur from 41 working hours.
The work schedule only shows the time I have to be at work. How do I know which working hours were so-called regular hours and which were extra hours?
The employer is obliged to keep records of working hours and record the hours worked by the employee. The employer is obliged to provide the employee with a work schedule for the time worked after the end of the working time accounting period. The work schedule must distinguish between agreed working hours, additional working hours and overtime.
The employer does provide a record of the hours worked after work, but I don't understand anything about it.
The employer must provide a clear and understandable work schedule. If the calculation is unclear, you should contact the employer and ask for a clearer and more understandable work schedule.
According to the work schedule, at the end of the working time summation period, I have so-called minus hours, which are carried over to the next accounting period. Can such minus hours also occur with flexible working hours?
At the end of a working time accounting period, no working hours can be carried over to the next working time accounting period (so-called minus hours). The same procedure applies to flexible working hours.
The agreed number of working hours is 10, but including overtime, I worked 20 hours every month for six months, will the number of working hours change?
If an employee has worked for six months with a workload greater than the agreed mandatory working hours, then there is a reason to contact the employer to change the workload. If the employer does not respond to the employee's request and does not formalize the new workload change, then by law the new workload is the average number of working hours for the last six months at the time of contacting the employer.
If there is flexible working hours, can there also be a restriction of competition?
By adding the flexible working time agreement section to the law, only the possibility of agreeing on working hours differently was changed. Therefore, all other provisions of the law also apply. It is possible that an employee working with flexible working hours has a restriction on competition, an obligation to maintain business secrets, contractual penalties, etc. on the basis of the employment contract. The employee must review all points of the employment contract regarding flexible working hours.
My employer experienced temporary financial difficulties, does he have the right to reduce my salary to the minimum wage?
The employer has the right to give employees less work due to unforeseen economic circumstances beyond their control and also to reduce their wages to the minimum wage for up to 3 months within a 12-month period (Section 37 of the Employment Contracts Act). The employer also has the right to apply Section 37 of the Employment Contracts Act in the event of a flexible working time agreement.
I no longer want to work flexible hours and want the workload to be the same all the time. What should I do?
To change the employment contract, an agreement should be reached with the employer. If the employer does not agree to change the employment contract, the employee has only two options: continue working or leave the job.
Can flexible working time rules be agreed upon in a collective agreement?
A collective agreement can include anything that the employer and employees consider important. It would be highly recommended to include flexible working hours in a collective agreement.
Where can I get help if I don't know what to do?
General information about flexible working hours can be found in the media, including social media. If you belong to a trade union, you can get free help from your union.
