Summary

Every branch of law includes several concepts and principles of major importance for the branch without which it cannot operate. In individual employment law, such concepts are “employee“, “employer” and “employment contract”. The author argues that a number of attitudes and mentalities dominant in the Estonian employment law should be re-assessed due to changes in the economic environment. The author explores whether, in view of today’s social and economic relations, employment law should continue to protect the employee or whether the emphasis should rather shift to co-operation and the contractual formulation of the relationship between the parties; whether the dependence of the employee on the employer should still be treated as the defining characteristic of the employee or whether it should be replaced with any other; whether, in addition to the employee and sole proprietor, a third category should be determined in order to cover working persons who, though in need of social protection, cannot be considered employees. Focusing on the status of the employer which so far has deserved little attention in the Estonian employment law and employment law literature, the author points out the need to change the attitude to the employer. With respect to employment contracts, the author emphasises the contractual nature of employment relationships without ignoring the presence of the personal-legal aspect in such relationships.