ELA EU Pay Directive

ESTONIA

Legislation Addressing the EU Pay Directive

  • Succinct summary of the legislation:

    Partially transposed.


    The Estonian Employment Contracts Act has been amended with a few provisions effective from 13 July 2026:

    • The employer may not ask about a job applicant’s previous or current salary. [§ 11 (21)]

    • The employer shall provide the job applicant with information on the salary or salary range of the job offered either in a job advertisement or otherwise before the job interview. If additional salary conditions arise from a collective bargaining agreement, the employer shall also provide the job applicant with information on these conditions. [§ 11 (22)]

    • The employer is obliged not to prevent the employee from disclosing the amount of his/her salary. [§ 28 (2) 14)]

    • The employer must ensure equal pay for women and men for the same or equivalent work. [§ 29 (61)]


    Current English-language version of the law can be accessed via the following link - https://www.riigiteataja.ee/en/akt/510072026004.


    There is no information about any legislation to transpose the remainder of the Directive.


  • Draft legislation implementation:

    INSERT ANSWER: Does the draft legislation implement the Directive exactly as written

    (verbatim), or does it introduce additional or stricter requirements (“gold

    plating”)? If additional requirements have been added, please

    summarise what enhanced provisions apply under local law; and

  • How will the Directive's requirements interact with or replace existing national obligations?

    INSERT ANSWER:  How will the Directive's requirements interact with or replace existing

    national obligations? Will employers need to comply with both regimes

    during a transition period?

  • When will transposing legislation be published and what to expect:

    INSERT ANSWER: 

    An update in terms of when you expect transposing legislation to be published,

    and what such legislation will cover.


    v. Has there been any indication from the legislature as to whether the transposing

    legislation will implement the Directive exactly as written (verbatim), or will it

    introduce additional or stricter requirements (“gold plating”)?;

Application

Recruitment and job applicants

  • What information must an employer provide to job applicants in relation to pay (i.e. what does "initial pay range" include – basic pay, bonus, family leave payments, pension, stock options, etc)?

    Only the base salary must be disclosed. The salary or salary range does not have to include additional payments (unless these are prvided for in a collective bargaining agreement). The employer may also disclose information about additional payments or other benefits if they wish, but there is no such obligation.

  • How and when must this information be provided?

    In a format reproducible in writing.

  • Does the salary history ban apply equally to internal candidates?

    Not specified.

  • Can employers' use salary history information already known to them when determining salaries for internal hires/ promotions?

    Yes.

  • Does local law require that the job vacancy notices and job titles are gender neutral?

    No. (Note that there are no genders in Estonian language)

Transparency of pay and pay progression policy

Individual rights to pay information

A worker is entitled to request and receive information on:


  • their individual pay level; and
  • the average pay levels broken down by sex for workers performing the same work as them or work of equal value to theirs

  • Within what period of time must the information be provided?

    15 days.

  • Is a worker entitled to request this information individually and/or through workers representatives and/or through an equality body?

    Individually.

  • What rights does a worker have where the information is alleged to be inaccurate or incomplete?

    The employee has the right to file a claim with the Labour Dispute Committee or court or turn to the Chancellor of Justice.

  • Does an employer need to inform workers of their entitlement to request this information?

    No.

  • Does local law require that employers provide this information in the local language, or can it be provided in English?

    It is not mandatory to the information in local language if the working language is English, but the employee has the right to request the employment-related information to be provided in local language at any time. 

Prohibitions on workers disclosing pay information

Contractual clauses that prevent employees from disclosing information about their pay are prohibited under the Directive. 

  • Can employers impose any restrictions on workers to prevent them from disclosing their own pay, and/or average pay information obtained pursuant to an information request?

    No.

  • If existing contracts contain pay secrecy clauses, what actions (if any) are required to bring those contracts into compliance (e.g., must such clauses be formally rescinded or is the existing pay secrecy clause simply unenforceable)?

    No actions required – the existing pay secrecy clause would simply be unenforceable

Gender pay gap reporting

Dealing with Gaps & Joint Pay Assessments

Data Protection

Breach of pay transparency and pay gap reporting requirements

Rights to equal pay – rights of action

  • What rights of action under local law are available to a worker as a result of any alleged infringement of the right to equal pay?

    The employee has the right to file a claim with the Labour Dispute Committee or court or turn to the Chancellor of Justice.

Workers Representatives

Member State Support

Other/Additional

Contact Information

Primary Representative

Arne Ots

Partner


arne.ots@ellex.legal

Next Gen Representative

Hanna Pahk

Senior Associate


hanna.pahk@ellex.legal