Töökoopiast

Töökoopiast refers to a concept in Estonian labor law concerning the transfer of employment contracts. When a business, or a distinct part of a business, is transferred from one employer to another, the employment contracts of the employees associated with that business or part of it are automatically transferred to the new employer. This transfer is based on the principle that the employment relationship is tied to the specific work or undertaking, not solely to the original employer.

The primary purpose of the töökoopiast principle is to protect employees' rights and ensure continuity of employment. Upon transfer, the new employer assumes all the rights and obligations of the previous employer under the existing employment contracts. This includes terms related to salary, working hours, vacation, and other conditions of employment. The transfer does not require the consent of the employees, although they must be informed of the transfer and its implications.

There are specific conditions that must be met for the töökoopiast to occur. Typically, it involves the transfer of an economic entity that maintains its identity after the transfer. This means that the core activities and operational structure of the business or part of the business must remain largely the same under the new owner. The transfer can happen through various legal means, such as a sale, merger, or acquisition. Employees retain their original start dates and any accumulated rights associated with their length of service.