When Can Job Applicants Be Asked To Do Trial Work?

• Published date: 08 July 2022
• Subject Matter: Employment and HR, Contract of Employment
• Law Firm: lus Laboris
• Author: Karina Paatsi (COBALT (Estonia)) and Heili Haabu (COBALT (Estonia))

The Supreme Court in Estonia has clarified that job applicants can only be asked to do short-term trial work, and that the potential employer should be present while it takes place.

Trial periods of work or tasks used as part of the hiring process are not regulated by the Estonian Employment Contracts Act, but are a fairly common practice that continues to cause uncertainty.

In a recent decision (No 2-20-5834/36), the Estonian Supreme Court found that until an employment contract is signed, an employer has the right to, among other things, assess a candidate's work skills. However, practical tasks, tests, or similar activities aimed at determining the candidate's skills should generally be limited to simulating a short-term work situation in the employer's presence.

According to the recent Supreme Court ruling, a situation where a candidate performs work for the employer as part of the possible hiring process, or 'trying out' is not acceptable, especially if the candidate does work assignments independently without the employer present. Pre-contract negotiations should be limited to the initial identification of the applicant's skills: candidates must not do unpaid work.

If during pre-contract negotiations, a job applicant wishes to perform the tasks s/he would...