Summary

There are different categories of persons who work and, in their main characteristics, resemble employees but to whom labour law does not extend or extends with particular specifications. Such persons are, for example, public servants and contractors, i.e. persons employed under a contract in civil law.
The re-establishment of the concept of public servant in the Estonian legal system is relatively recent. Under the Public Service Act, public servants are officials, support staff and non-staff employees. The last two categories may also be regarded as employees who are in the public service. Therefore, it is important to differentiate between employees and officials. Apart from differences in minor details (citizenship requirement, organisation of public competition), the following three main differences may be pointed out: (1) the relationship between employees and employers is contractual but not based on administrative legislation; (2) the work of officials is remunerated and the wage rate is determined by law but not by contract; (3) disputes arising from the employment relationships of employees are resolved in courts of general jurisdiction whereas disputes arising from the service relationships of officials are resolved in administrative courts.
Differentiation between employees and contractors has been on the agenda since the rise of contemporary labour law. The power and subordination relationship which is characteristic of employment relationships is absent from the relationships between contractors and contracting parties. Further, contractors may be characterised by the following features: (1) since contractors are required to perform particular work, the object of a contract for services is not the work process; (2) contractors are free to decide the manner in which they perform commissioned work and the means they use therefor; (3) contractors perform commissioned work at their own risk and, as a rule, are paid remuneration upon delivery of the work under agreed conditions.