Summary

In order to determine the position of employment law in the Estonian legal system, it is necessary to know the nature and source of employment law. In defining employment law, it is also important to define work. Work can be very different in nature. Not every work is regulated by employment law. For the purposes of employment law, work is such activity of a person which is performed in the interests of another who benefits therefrom. It is important that work should be performed on the basis of an agreement reached earlier. Employment law may be defined as a collection of rules of law regulating the employment relationship between an employee and employer under an employment contract where the employee performs work as a subordinate to the employer.
There are several different opinions how to determine the position of employment law in the public and private law system. One of the most common opinions is that employment law forms a special part of private law: it may be regarded as a specialised branch of private law. Initially, employment relationships were regulated by rules of civil law. In the course of industrialisation, restrictions in public law for the protection of employees became important in the regulation of employment relationships. With the establishment of such rules of public law, employment law became a specialised branch of private law. Nevertheless, at present employment law also retains its connections with civil law.