Trial Day in Estonia: Is It Legal? Employer & Employee Guide

Trial Day in Estonia – Is It Legal?

A trial day in Estonia is a common way for employers to assess candidates before formal employment. However, is it actually legal?

According to the Employment Contracts Act (Töölepingu seadus, TLS),a trial day is not a legally recognized form of employment. This means that an employer cannot require a candidate to perform work duties without a signed employment contract. If a candidate works without a contract, it may lead to legal consequences and disputes.

What Should Employers and Job Seekers Know About Trial Days in Estonia?

A trial day allows an employer to evaluate a candidate’s skills before offering a contract. It is especially common in service, manufacturing, and office jobs. However, under Estonian labor law, this practice is not legally valid.

Even if a candidate works for just one day, it still establishes an employment relationship. In such cases, the employer must sign a contract, pay wages, and cover taxes.

Therefore, inviting a candidate for a trial day without a contract may violate labor laws.

How Can Employers Legally Assess a Candidate?

Employers have several legal ways to evaluate candidates. Below are three alternatives to trial days:

1. Interviews and Simulations

• Interviews provide insight into a candidate’s professional background and skills.
• Simulated work situations allow employers to observe problem-solving abilities without requiring actual job duties.
• Additionally, practical exercises and questionnaires help assess the candidate’s competencies.

2. Practical Tests

• Employers may assign test tasks that are unrelated to real company operations.
• To ensure fairness, these tasks should have clear time limits and should not resemble actual job duties.

3. Probation Period – A Legal Alternative

• Once a candidate is hired, the employer can assess their skills during a probation period.
• This period is a legally recognized timeframe to evaluate employee performance.
• By using a probation period, employers can test new hires without violating labor laws.

What Happens If an Employer Violates the Law?

If an employer requires a candidate to work without a contract, it violates Estonian labor law (TLS). In such cases, candidates have the right to:

✅ Claim wages and social benefits, even if no contract was signed.
✅ File a complaint with the labor inspectorate or a court to protect their rights.
✅ Receive compensation and back payments, which the employer is legally required to pay.

To avoid fines and reputational damage, employers should ensure full compliance with labor regulations.

Employer’s Responsibility: Legal Alternatives to a Trial Day

To stay compliant with labor laws, employers should use legal hiring methods. Here are three key recommendations:

✅ Conduct interviews and simulations instead of assigning real tasks.
✅ Use a probation period to test skills in a legal framework.
✅ Assign test tasks or practical cases that do not establish an employment relationship.

A transparent and lawful hiring process helps employers avoid risks and builds trust with candidates.

Is a Trial Day in Estonia Legal?

To conclude, a trial day is common, but Estonian labor law does not recognize it as a valid form of employment. Therefore, employers cannot require candidates to perform work duties without a signed contract.

To assess candidates fairly, employers should use legal alternatives such as a probation period, test tasks, and structured interviews. Following labor laws helps prevent disputes and ensures a more transparent and fair job market.

📌 Is Your Employment Contract Correct? Let’s Check It!

Do you know if all the terms in your employment contract comply with Estonian law? Upload your contract here and get a price estimate for a professional review.

If the price suits you, proceed with the payment and receive:

✅ A clear explanation of key contract clauses.
✅ A review of missing elements that should be included.
✅ Advice on how to properly terminate your employment to secure compensation.
✅ Additional legal tips to protect your workplace rights.

💡 Learn more about Estonian labor laws on ContractOK.ee.