töövõtusleping

Töövõtusleping, often translated as a contract for work or a work contract, is a legal agreement in Estonian law where one party, the contractor (töövõtja), undertakes to perform a specific task or create a specific result for another party, the client (tellija), and the client undertakes to pay for this work. This type of contract is distinguished from an employment contract by the fact that the contractor is typically an independent entity, not subject to the hierarchical control and direction of the client in the same way an employee would be.

Key characteristics of a töövõtusleping include the focus on the result of the work rather than the process of performing it, and the contractor's autonomy in organizing the work. The contractor usually bears the risk of the work not being completed successfully or to the agreed standard, unless otherwise stipulated. The contract typically specifies the scope of work, deadlines, payment terms, and quality requirements. It can cover a wide range of activities, from construction and repair work to the creation of intellectual property or digital services.

Unlike an employment relationship, a töövõtusleping does not usually entail the same level of social security obligations for the client, nor does it grant the contractor rights such as paid leave or protection against unfair dismissal. The legal framework for töövõtusleping is primarily governed by the Estonian Law of Obligations Act (Võlaõigusseadus). It is crucial for both parties to clearly define the terms in writing to avoid potential disputes regarding responsibilities, payment, and the nature of the work performed.