hooldusvahet

Hooldusvahet refers to a concept primarily found in Estonian labor law and practice concerning the transfer of employees during the sale or restructuring of a business. When a company or a part of it is transferred to a new owner or is reorganized, existing employment contracts may be affected. Hooldusvahet is the legal mechanism that governs how these contracts are handled to ensure continuity of employment and the protection of employee rights.

Under hooldusvahet, employees who were employed by the transferring entity are generally transferred to the acquiring entity with their existing employment terms and conditions intact. This means that their job roles, salaries, benefits, and length of service are preserved. The rationale behind this principle is to prevent employees from being disadvantaged by a change in ownership or organizational structure. The new employer assumes the rights and obligations of the former employer regarding these employees.

There are specific conditions and procedures associated with hooldusvahet. The transfer must be for an economically identifiable unit, and the employees must be associated with that specific unit. Employees usually have the right to be informed about the transfer and its implications. In certain circumstances, employees may have the right to refuse the transfer, although this can have consequences for their employment status. Hooldusvahet aims to balance the economic interests of businesses undergoing transfer with the fundamental right of employees to stable employment.