What does a Lepinguluup report look like?

Hello,

I have reviewed my employment contract and would like to clarify the following terms:

1. [Probation, TLS §10¹] Could you explain the length of the probation period and the basis on which it is calculated?
2. [Pay, TLS §5(1) p 5] How exactly is the variable part of my pay, for example a bonus or commission, calculated?

Could we go through these together and adjust the contract where needed? Thank you.

Kind regards,
[your name]

Generated from an automated contract check. This is legal information, not legal advice. Review each document before using it.

Employment contract check summary
Rule-based legal information, not legal advice. Lepinguluup compares facts extracted from the contract with a rule catalogue. It does not replace advice from a lawyer, your trade union, the Estonian Labour Inspectorate, or a court.
Clear conflicts: 1, Possible risks: 1, Unable to assess: 0

[Clear conflict] Probation, TLS §10¹: Your contract sets a 6-month probation. TLS §10¹ caps probation at 4 months (for a fixed-term contract of up to 8 months, half the term); the excess is not binding on you. The exact calculation can also depend on periods when performance of duties was prevented, especially temporary incapacity, performing duties different from your usual duties while working on the basis of a certificate for sick leave, or leave, which do not count toward probation. (From your contract: "The probation period of the employment relationship is six months from the start of work.")
[Possible risk] Pay, TLS §5(1) p 5: Your pay includes a variable part, for example a bonus or commission, but the uploaded document does not clearly state how it is calculated. Under TLS §5(1) p 5 the employer must state the wage calculation method in writing; the information may have been provided separately. (From your contract: "The employee may be paid a performance bonus in accordance with the company's bonus policy.")

Conflicting terms in the document:
- Place of work: clause 2 says “The place of work is Tallinn”, clause 8 says “The employee performs duties at a location in Estonia determined by the employer”.

Background:
- Confidentiality (TLS §22 (also §6(3)/§6(9); VÕS §625)): Confidentiality clauses are common in employment contracts and are not automatically a conflict.

Generated from an automated contract check. This is legal information, not legal advice. Review each document before using it.

Date: [date]   From: [your name]   To: [employer]

On reviewing the contract, the following questions arose about the wage calculation. Please explain how the terms below are applied in practice and check that the wage calculation is correct.

- TLS §5(1) p 5: Your pay includes a variable part, for example a bonus or commission, but the uploaded document does not clearly state how it is calculated. Under TLS §5(1) p 5 the employer must state the wage calculation method in writing; the information may have been provided separately. (From your contract: "The employee may be paid a performance bonus in accordance with the company's bonus policy.")

Please provide a calculation for the disputed period showing the dates and hours worked, the gross amount paid, the gross amount that should have been paid, and a calculation of the difference. I also request copies of the payslips and time records. I reserve the right to claim statutory default interest. If the review shows that pay was below the statutory or agreed rate, please provide a corrected calculation and pay the outstanding amount.

Respectfully, [your name]

Generated from an automated contract check. This is legal information, not legal advice. Review each document before using it.

This output is not a ready-to-file application and does not formulate a legal claim for you. It helps you gather the information needed when using the official instructions or application form provided by the Estonian Labour Inspectorate, or when sharing the information with a lawyer.

The Labour Dispute Committee considers clearly formulated claims. A possible risk noted in the contract does not by itself establish grounds for a claim. Before filing, check the claim, facts, evidence, amounts and applicable deadline.

No state fee is charged; applications are generally reviewed within 45 calendar days, although this period may be extended for objective reasons. The application must be submitted in Estonian; its required content is set out in §26(2) of the Labour Dispute Resolution Act (TvLS).

To: [the competent labour dispute committee, see ti.ee]
Applicant: [your name], personal ID code [isikukood], address [address], e-mail [e-mail], phone [phone]
Respondent: [employer name], registry code [registry code], address [address], e-mail [e-mail]

CLAIM (complete this yourself)
[State clearly what you are claiming and check the wording before filing, using the Labour Inspectorate's instructions or with the help of a lawyer. For a monetary claim, state the amount in euros and show how it was calculated.]

CIRCUMSTANCES (complete this yourself)
[Employment relationship: contract concluded on [date], position [position], wage [amount] €.]
[Describe in your own words and in chronological order what actually happened: what was agreed, what occurred, when, and how the employer responded.]

BACKGROUND: FINDINGS FROM THE AUTOMATED CHECK
NB! A finding does not by itself constitute a claim for the Labour Dispute Committee or prove that a breach occurred. Use this list as background when formulating your claim and describing the circumstances:
- Probation (TLS §10¹): Your contract sets a 6-month probation. TLS §10¹ caps probation at 4 months (for a fixed-term contract of up to 8 months, half the term); the excess is not binding on you. The exact calculation can also depend on periods when performance of duties was prevented, especially temporary incapacity, performing duties different from your usual duties while working on the basis of a certificate for sick leave, or leave, which do not count toward probation. (From your contract: "The probation period of the employment relationship is six months from the start of work.")
- Pay (TLS §5(1) p 5): Your pay includes a variable part, for example a bonus or commission, but the uploaded document does not clearly state how it is calculated. Under TLS §5(1) p 5 the employer must state the wage calculation method in writing; the information may have been provided separately. (From your contract: "The employee may be paid a performance bonus in accordance with the company's bonus policy.")

EVIDENCE (list only evidence actually attached)
- the employment contract [and annexes]
- payslips or bank statements [if relevant]
- correspondence with the employer [if relevant]
- [other]

I request that the matter be heard [at a hearing / in written proceedings if possible].

On their own initiative, the chair of the Labour Dispute Committee may deal with a monetary claim in written proceedings if the total amount claimed does not exceed €6,400. The chair decides which procedure will be used.

NB! Deadlines: preparing this document does not suspend or extend any statutory deadline. An application seeking a declaration that termination is void must generally reach the Labour Dispute Committee or the court within 30 calendar days after receipt of the termination notice (TLS §105). The limitation period for a wage claim is generally three years from the date the wage fell due (TLS §29(9)). The general limitation period for other employment-related claims is four months from when the person learned or should have learned of the infringement, unless a different statutory period applies (TLS §3¹). Verify the period applicable to the particular claim in the official Labour Inspectorate instructions or with a lawyer. In Labour Dispute Committee proceedings, each party generally bears its own procedural costs.

Official instructions and filing: https://www.ti.ee/toovaidluste-lahendamine/kuidas-poorduda/toovaidluskomisjoni-poordumine
Sample claims and deadlines: https://www.ti.ee/toovaidluste-lahendamine/kuidas-poorduda/naidisnouded-ja-tahtajad

Date: [date]   Signature: [signature or digital signature]

Generated from an automated contract check. This is legal information, not legal advice. Review each document before using it.