Probation period in Estonia: rules for employees and employers

By Ero Liivik, lawyer (jurist) at Erovik Law Office · Updated 2 November 2026

The probation period Estonia sets by law is four months from the employee’s first day of work, unless the employment contract excludes it or makes it shorter. During probation either party can end the contract with at least 15 calendar days’ notice, but the employer must give a written reason linked to the employee’s suitability for the job. Like any other dismissal, a probation termination can be challenged within 30 calendar days.

Key points

• Probation (katseaeg) applies automatically for four months from the day the employee starts work (Employment Contracts Act (TLS) § 10¹(1)).
• The contract may exclude or shorten probation, but not extend it.
• Sick leave, holiday and other absences do not count, so probation ends later.
• Either party may terminate during probation with at least 15 calendar days’ notice.
• The employer must give reasons that fit the purpose of probation.
• An unlawful termination can be challenged within 30 calendar days of receiving the notice.

What probation is for, and what is different in Estonia

The law states the purpose: probation is used to assess whether the employee’s health, knowledge, skills, abilities and personal qualities meet the level the work requires (TLS § 10¹(1)). That purpose limits the reasons the employer may rely on.

Unlike in some countries, probation in Estonia does not mean ‘dismissal without reasons’, and a six-month probation clause does not work. An employee generally cannot end a fixed-term contract by ordinary notice, but may do so during probation (TLS §§ 85(2), 86(1)). The English translation of the Act is available in Riigi Teataja.

How long probation lasts

• Default: four months from the day the employee starts work, not from the date the contract was signed (TLS § 10¹(1)). The written contract must state the length of probation (TLS § 5(1)).
• Shorter or none: the employment contract may exclude probation or shorten it (TLS § 10¹(2)).
• Not longer: an agreement that deviates from the Act to the employee’s detriment is void (TLS § 2). A longer probation clause therefore does not extend probation beyond four months, apart from the absences described below.
• Short fixed-term contracts: for a contract of up to eight months, probation may not exceed half the term (TLS § 10¹(3)). For a six-month contract, the maximum is three months.
• Renewals: no new probation applies when a fixed-term contract is extended or followed by another fixed-term contract for similar work (TLS § 10¹(5)).

Absences extend probation

Time when the employee could not perform their duties does not count towards probation, in particular sick leave, holiday, or working under a sick-leave certificate on different duties than usual (TLS § 10¹(4)). Ten days of sick leave push the end of probation back by ten days.

Holiday during probation

Holiday is earned for time worked, but an employee can demand it only after six months with the employer (TLS § 68(1), (4)). Holiday during a four-month probation is therefore usually taken by agreement, and it extends probation.

Ending the contract during probation

Both the employer and the employee may terminate a fixed-term or open-ended contract during probation (TLS § 86(1)), giving at least 15 calendar days’ notice (TLS § 96). For employers, a safe sequence is:

1. Check the date. Count from the first day of work and add any absences. The notice must be given during probation, and it takes effect only when the employee receives it (General Part of the Civil Code Act (TsÜS) § 69(1)), so do not leave it to the last day. After probation you need another statutory ground, such as those in TLS § 88 or § 89.
2. Name a reason that fits the purpose, for example that the quality of work, knowledge or skills do not reach the level the job requires. Write down the facts behind it.
3. Use the right form. The notice must be in a form that can be reproduced in writing, such as a letter or an e-mail naming the sender. An oral or conditional notice is void (TLS § 95(1); TsÜS § 79). State the reasons in the same form (TLS § 95(2)).
4. Give at least 15 calendar days. If the notice is shorter, the other party is entitled to average daily pay for each working day of missing notice (TLS § 100(5)).
5. Prove delivery. Keep proof of when the employee received the notice: the 30-day challenge period runs from receipt (TLS § 105(1)).
6. Settle final pay. All claims fall due when the contract ends (TLS § 84(1)), including compensation for unused holiday (TLS § 71). Pay for holiday taken but not yet earned may be withheld from the final pay (TLS § 78(3)).

The probation rules do not require a prior warning, unlike a dismissal for breach of duties (TLS § 88(3)). Still, written feedback in the first weeks makes the reason easier to prove.

An employee who wants to leave during probation gives the same 15 calendar days’ notice in a form that can be reproduced in writing. Shorter notice can cost average daily pay for each missing working day (TLS § 100(5)). Walking out without any notice is riskier: if the employer terminates the contract for that reason, it can claim damages, presumed to equal one month’s average wages (TLS § 74(3)).

What makes a probation termination unlawful

A termination without a legal ground, or one that does not meet the legal requirements, is void (TLS § 104(1)). Typical problems are:

• A reason that contradicts the purpose of probation (TLS § 86(4)). A budget cut has nothing to do with the employee’s suitability. If the real reason is economic, use redundancy (TLS § 89) if its conditions are met, with 15 calendar days’ notice in the first year and one month’s average wages as compensation (TLS §§ 97(2), 100(1)).
• A prohibited reason. The employer may never terminate because the employee is pregnant or entitled to maternity leave, takes family-related leave, is briefly unable to work for health reasons or represents other employees, among other reasons (TLS § 92(1)). If the employee is pregnant or raising a child under three, the termination is presumed to be for a prohibited reason unless the employer proves a lawful ground (TLS § 92(2)).
• Discrimination or retaliation. The employer must protect employees against discrimination and follow the principle of equal treatment (TLS § 3). It may not treat an employee adversely for relying on their rights (TLS § 2¹). In discrimination disputes, the burden of proof is shared (Labour Dispute Resolution Act (TvLS) § 45(2)).

Missing written reasons do not by themselves make the notice void. However, the employer must compensate any damage this causes (TLS § 95(3)) and, in a dispute, must still prove the facts it relies on (TvLS § 45(1)).

Challenging a probation termination

An employee who believes the termination was unlawful must apply to the Labour Dispute Committee (töövaidluskomisjon) or file a claim in court within 30 calendar days of receiving the notice. After that, unless the deadline is restored, the termination is valid (TLS § 105).

• The committee operates at the Labour Inspectorate (TvLS § 4(1)). There is no state fee, and each party bears its own costs (TvLS §§ 15, 16). An application should be heard within 45 calendar days unless objective circumstances justify longer (TvLS § 38(1)).
• Proceedings are in Estonian. A hearing can be held in another language only if the parties and the committee members agree; otherwise a party who needs an interpreter must find and pay for one (TvLS § 13¹).
• If the termination is void, the contract has not ended (TLS § 107(1)). At either party’s request, the committee or court ends it and the employer pays three months’ average wages. For an employee who was pregnant, entitled to maternity leave or an elected employee representative, it is twelve months’, and the employer’s request to end the contract is normally refused. The committee or court may adjust the amount (TLS §§ 107(2)–(3), 109).

Pay and rights during probation

Apart from the rules above, the Employment Contracts Act has no special rules for probation: the agreed pay, working time and other terms, and protection against discrimination, apply from the first day.

Common mistakes

Employers

• Believing that no reason is needed during probation.
• Writing a six-month probation into the contract.
• Counting from the contract date instead of the first working day, or ignoring absences.
• Telling the employee in a meeting and never sending a written notice.

Employees

• Missing the 30-day deadline while trying to negotiate.
• Leaving with less than 15 days’ notice, or walking out, and then facing a claim for pay or damages.

Related guide: Employment contracts in Estonia.

Frequently asked questions

Can probation be longer than four months in Estonia?

Not by agreement: the contract can only exclude or shorten it (TLS § 10¹(2)). But absences such as sick leave and holiday are not counted, so probation can end more than four months after the start (TLS § 10¹(4)).

Can an employee be dismissed during probation while on sick leave?

Not because of a short-term illness (TLS § 92(1)), and sick leave extends probation (TLS § 10¹(4)). If the employee is unsuitable for other, documented reasons, the employer can still terminate during probation. It should be ready to show that the illness was not the reason.

Can I resign during probation from a fixed-term contract?

Yes. Give at least 15 calendar days’ notice in a form that can be reproduced in writing (TLS §§ 86(1), 95(1), 96).

How Erovik Law Office can help

Erovik Law Office in Tallinn advises both employers and employees on Estonian employment law. Ero Liivik, lawyer (jurist), can review a probation clause, draft or check a termination notice and help with a Labour Dispute Committee case. We work in Estonian and English and usually reply within one working day. Review of contracts and documents starts from EUR 120 (see our fees). Read also our guides to termination of employment in Estonia and dismissing an employee in Estonia, see our employment law page, or send a short description through our contact page.

This guide reflects Estonian law in force on 1 November 2026. It is general information, not legal advice for your situation.