Rules of Work Organization

Rules of work organization

1GENERAL PROVISIONS

1.1The employer and the employee perform their obligations to one another loyally, following the principle of good faith and reasonableness. The employee performs duties in accordance with his/her knowledge and skills, bearing in mind the benefit to the employer and with the necessary diligence arising from the characteristics of the work. The employer ensures the protection of employees against discrimination, follows the principle of equal treatment and promotes equality.

1.2In their activities, the employee and the employer are governed by the objectives of the company and the rules and regulations established in the company. The rules of work organization specify the standards of operation and the rules of conduct which the employer deems important for the achievement of the objectives of the company. In situations not covered by the rules of work organization or other internal guidelines or documents, moral and ethical conduct and the company’s core values are given priority.

1.3The rules of work organization shall be followed by each employee of the company and employees are personally responsible for following the rules of work organization.

1.4The detailed duties of the employee are agreed in the employment contract entered into with the employee and specified in the job description or work instructions appended thereto.

1.5The employer introduces the rules of work organization against signature when first establishing the rules, and also to each new employee upon taking up employment. The amendments to the rules of work organization are not introduced against signature; it is deemed that employees have been introduced to the amendments to the rules of work organization upon their publication on the office/production bulletin boards and in the computer network [in intranet]. The employer highlights the amendments and supplements in the full text of the rules of work organization by ______[appropriate marking, for example, in italics, with different color, etc.].

1.6If necessary, the employer is entitled to unilaterally amend the rules of work organization while complying with the obligation to inform and consult with the employees.

1.7The employer ensures that the employee can examine the rules of work organization at any time. The rules of work organization are available electronically in the internal computer network of the company and on paper ... [structural unit, job title, where it is possible to examine. The location of the rules must also be regulated in the employment contract.].

2WORK CULTURE

2.1The mission of ______[name of the company] is______[write down the mission].

2.2The core values of ______[name of the company] are______[name the values of the company].

2.3The following good practices are applied in the______[name of the company]:

2.3.1______[practices of the company regarding communication, team work, use of time, meetings, clothing, celebration of events, etc.]

3PROCEDURE FOR ENTERING INTO AND CANCELLING EMPLOYMENT CONTRACTS

3.1The Employment Contracts Act is applied to the entry into, amendment and termination of employment contracts.

3.2Unless signed digitally by the employer and the employee, employment contracts are made in writing in two identical copies of which one remains with the employee and the other with the employer. Documents required for taking up employment:

3.2.1identity document;

3.2.2documents certifying education and, if necessary, documents certifying qualification and skills required for the position (leaving certificate of a school, a driver’s license, etc.);

3.2.3CV or a filled in card containing the contact details of the employee and data necessary for payroll;

3.2.4other documents stipulated by legal acts.

3.3Upon hiring the employee, the employer introduces the employee to the work given to him/her, conditions for remuneration, explains his/her rights and obligations, introduces the rules of work organization, the job description [the list of documents has to correspond to the documents used in the company, for example, if there are no job descriptions, they cannot be referred to] and other documents required in the job. Upon hiring, the employee is introduced to fire safety rules, occupational health and safety requirements.

3.4Pursuant to the law, a probationary period is applied to employment contracts entered into for an unspecified term with the aim to determine:

3.4.1whether the employee’s health, abilities, communication skills and professional skills correspond to what was agreed in the employment contract and described in the job description;

3.4.2the ability to adjust, sense of duty, orderliness and keenness to learn and implement occupational requirements;

3.4.3whether the working conditions offered by the company and the work described in the job description are suitable for the employee.

3.5By the day the employment contract terminates, the employee shall return to the employer any work equipment and other material assets in his/her possession, as well as work-related documentation.

4WORK ORGANIZATION AND RELATIONSHIPS OF SUBORDINATION IN WORKFLOW

4.1Work organization has to ensure smooth operation of the company and quality of the products/services. In giving work-related orders the following rules, in particular, are followed:

4.1.1the employee shall comply with the lawful instructions of the employer in a timely and precise manner;

4.1.2duties are given to the employee, changed and cancelled by the immediate supervisor of the employee who has been designated in the employee’s job description and/or employment contract; in his/her absence work-related orders may be given by his/her superior or a designated substitute;

4.1.3the employee immediately informs the supervisor who gave the order, in his/her absence his/her superior or a designated substitute, of the performance of duties or circumstances hindering the performance which the employee cannot solve by himself;

4.1.4work-related orders pertaining to daily work are usually given verbally and orders which have to be in writing based on the requirements of the company’s managing procedure and legislation are given in writing;

4.1.5orders may be changed, suspended or cancelled by the supervisor who gave the order or his/her superior who informs the employees concerned of the changes made;

4.1.6in the case of emergency the employer is entitled to give orders to perform the duties of an employee who is temporarily absent;

4.1.7it is not permitted to give orders the fulfilling of which falls out of the competence of the employee or requires higher qualification or different professional preparation than what the employee has, except in the case of an emergency;

4.1.8the employee is entitled to refuse to follow an order if the continuance of work is related to a real threat to the employee's life, health, or good name.

5MAIN OBLIGATIONS OF THE EMPLOYEE AND THE EMPLOYER

5.1The employer and the employee shall:

5.1.1comply with the terms and conditions of the employment contract and other written and oral agreements entered into by the parties in relation to the employment relationship;

5.1.2fulfill the requirements of occupational health and safety, and fire safety;

5.1.3be courteous to one another, as well as attentive and orderly, act in accordance with the principle of good faith and reasonableness;

5.1.4refrain from actions that harm the interests or property of the party, and make every effort not to damage the property of third persons in the course of work;

5.1.5fulfill other legal obligations or work-related obligations laid down in other regulations established by the employer.

5.2The employer shall, in particular,:

5.2.1provide the employee with the agreed work and give instructions clearly and in a timely manner;

5.2.2pay remuneration for work under the conditions and at the time agreed on;

5.2.3grant holiday as prescribed and pay holiday pay;

5.2.4ensure the agreed working and rest time and keep account of working time;

5.2.5for the purposes of development of the professional knowledge and skills of an employee, provide the employee with training based on the interests of the employer's company, and bear the training expenses and pay average remuneration during the training;

5.2.6ensure that working conditions correspond to occupational health and safety requirements;

5.2.7upon hiring an employee, as well as during employment, introduce the employee to fire safety rules, occupational health and safety requirements;

5.2.8respect the employee’s privacy and verify the performance of his/her duties in a manner which does not violate the employee’s fundamental rights;

5.2.9at the request of an employee, provide the employee with information about the remuneration calculated and paid or payable to the employee, and provide other notices characterizing the employee or the employment relationship;

5.2.10not disclose, without the employee’s consent or legal basis, information about remuneration calculated, paid or payable to the employee;

5.2.11conduct an internal control and organize risk assessment of the working environment in the process of which the employer ascertains working environment hazards, measures their parameters and assesses the risks to the health and safety of employees, and notifies of the results of risk assessments, hazards and of the measures to be implemented;

5.2.12designate employees in the company for the provision of first aid and arrange training for them at the employer’s expense and ensure access to first aid equipment at the working place.

5.3The employee fulfills, in particular, the following obligations:

5.3.1performs the agreed work and fulfills the obligations arising from the characteristics of the work in accordance with his/her knowledge and skills, bearing in mind the benefit to the employer and with the necessary diligence arising from the characteristics of the work;

5.3.2performs the work in the agreed volume, in the agreed place and at the agreed time;

5.3.3performs the work with good quality and in compliance with quality requirements;

5.3.4participates in training for improvement of occupational knowledge and skills;

5.3.5refrains from actions which hinder other employees from fulfilling their obligations or endanger the life, health or property of the employee or other persons;

5.3.6cooperates with other employees for the purposes of performance of duties;

5.3.7immediately notifies the employer of an impediment to work or of the threat thereof and, if possible, eliminates such an impediment or threat without a special instruction;

5.3.8takes the employer’s interests into account and makes every effort to prevent the occurrence of damage to the employer;

5.3.9refrains from actions which harm the reputation of the employer or cause distrust in the employer among clients or partners;

5.3.10acts loyally with respect to the employer in the performance of duties, including not accepting gifts, monetary or other benefits from third persons or through an intermediary for the performing or refraining from performing an act;

5.3.11uses the technology and work equipment in his/her possession purposefully and only for the purposes of workflow;

5.3.12returns to the employer the work equipment and property in his/her possession upon termination of the employment contract;

5.3.13notifies the employer at the earliest opportunity of his/her temporary incapacity for work and, where possible, the presumed duration thereof;

5.3.14fulfils his/her obligations personally;

5.3.15shall maintain the confidentiality of the employer’s production and trade secrets in accordance with the terms of a separate confidentiality agreement to be concluded with the employee;

5.3.16keeps his/her workstation in order and clean in accordance with the requirements established in the company;

5.3.17saves heat and electricity and when leaving the workroom tidies the workstation, turns off electronic devices and the lights, and locks the door of the workroom [the description has to correspond to the rules of the company, for example, instead of locking the doors, turn on the alarm, etc.];

5.3.18follows common rules of conduct and hygiene requirements in the employer’s workrooms and on the premises and keeps personal belongings in places meant for that purpose;

5.3.19uses prescribed personal protective equipment and keeps it in working order;

5.3.20participates in the creation of a safe working environment by following the occupational health and safety requirements;

5.3.21undergoes a health check in accordance with the established procedure;

5.3.22shall immediately notify the employer of a violation of law in the workplace, dissipation of the employer’s assets, or irrational use of working time by taking measures, where possible, to eliminate these violations;

5.3.23in using devices and work equipment shall adhere to the appropriate manuals, upon failures or malfunctions shall immediately cease the work and notify the immediate supervisor or the head of his/her structural unit;

5.3.24shall follow the employer’s orders to prevent damage that might occur due to an emergency or force majeure;

5.3.25shall not bring to the employer’s premises alcoholic, narcotic, toxic or psychotropic substances or be on the employer’s premises while under the influence of alcohol, narcotics or toxic or psychotropic substances;

5.3.26is only allowed to smoke in areas designated therefor on the employer’s premises;

5.3.27fulfills the obligations laid down in the law, the job description or other documents governing the work.

6WORKING AND REST TIME

[P.S. The regulation of working and rest time is largely dependent on the field of activity of the organization and work organization which is why it is especially important to delete anything superfluous in this chapter and add missing regulations (for example, if there is no recording of total working time it is not necessary to include clauses related thereto, incl. a working time schedule; in the case of different groups of workers it has to be separately pointed out ).]

6.1Generally, full time work at the employer is 8 hours a day and 40 hours a week, Saturday and Sunday are days off. Part time work has a shorter working time than the standard and is applied upon mutual agreement of the employee and the employer.

6.2Working time starts at ______[specify the time, for example, at 8:00] and ends at ______[specify the time, for example, at 16:30].

6.3The employee has ______[specify duration, for example30 minutes] minutes for breaks for rest and dining during the working day. A lunch break is usually between ______[specify the time, for example, from 11:00] and ______[specify the time, for example, 13:00].

6.4Depending on the characteristics of the work the recording of total (summarized) working time is used in the case of ______[name of the unit and/or position]. The start and end of working time of these employees, also breaks for rest and dining are specified in the working time schedule that is prepared and approved by a person designated by the employer.

6.5In the case of total (summarized) working time a recording period of ______months [specify the number of months, for example 3 months. Max is 4 months] is applied.

6.6An employee working on the basis of a working time schedule is introduced to the working time schedule at least ______[specify the number of calendar days, for example, 5] calendar days before the start of the recording period for which the working time schedule was prepared.

6.7A working time schedule is made available to the employees working on the basis thereof on the bulletin board meant for the employer’s notices/ each employee is given a printout of the time schedule for the next period.

6.8Employees may change working times amongst themselves only with the permission of their immediate supervisor.

6.9The employer deems the employee’s breach of working time (being late, arbitrarily extending or taking breaks, smoking outside of prescribed breaks, etc.) as causing an intentional work stoppage, and a breach of the employment contract and the rules of work organization.

6.10Overtime work is allowed only with the prior mutual agreement of the employer and the employee and taking account of the limits of overtime specified in the law. The overtime work performed by the employee is compensated for by time off equal to the overtime, unless it has been agreed that overtime is compensated for in money.

6.11If the working time falls on night-time (from 22:00 to 6:00), the employer pays 1.25 times the remuneration for the work, unless it has been agreed that the remuneration includes remuneration for working at night-time.

6.12If the working time falls on a public holiday, the employer pays 2 times the remuneration for the work.

6.13The working time on the working day preceding New Year’s Day (01.01.), the anniversary of the Republic of Estonia (24.02.), Victory Day (23.06.) and Christmas Eve (24.12.) is shortened by three hours. In the case of employees whose working days cannot be shortened by 3 hours due to the characteristics of the work, the time is considered overtime work and is compensated for in accordance with the procedure for compensating for overtime work specified in the law.

6.14Permission to leave work for personal reasons is granted by the immediate supervisor. Reasonable time during which the employee is not performing duties due to unavoidable reasons is considered working time. In such a case the employee and the immediate supervisor previously agree on the time absent from work, if possible.

6.15If the employee works with display screen equipment and he/she has no possibility of interrupting the work with display screen equipment to perform other types of duties, the employee is entitled to six-minute breaks each hour. These breaks are considered working time and they cannot be combined into one break.

6.16It is important to inform the immediate supervisor, or in the absence thereof a superior, of reasons for not showing up for work (incl. missing from work due to health reasons, falling sick during a vacation) at the earliest opportunity.

6.17The employee shall inform his/her immediate supervisor, or in the absence thereof a superior, of falling sick during a working day or of leaving work.

6.18For the sickness period the employee must have a certificate of incapacity for work issued by a physician.

7PAYMENT OF REMUNERATION

[P.S. In order to describe a detailed regulation we suggest a separate remuneration guide to be drawn up that would govern remuneration.]

7.1The amount of the employee’s remuneration and conditions for remuneration are agreed in writing upon entry into an employment contract. Remuneration is paid for performed work once a month on the ______[description of payday, e.g. on the 5th working day of the month following the reference month]of the calendar month following the calendar month on which the calculation is based and which the parties refer to as a payday.

7.2At the request of the employee the employer issues a pay slip showing the calculated remuneration and withheld taxes.