Summary

The article treats upon some disputable problems connected with the alteration of wage conditions and other conditions of the labour contract. Most of the problems in the practice of the Factory Inspection of the Republic of Estonia have been caused by the employer's right to alter the bases of paying for work by a unilateral decision in connection with the reorganization of production or work (Art. 64 of the Labour Contract Law). The disputabilities are caused by the indefiniteness of notions. By Art. 64 of the Labour Contract Law the legislator has obviously tried to give the employer a possibility to alter the conditions of the labour contract when it is conditioned by objective circumstances. In practice it has turned out so that Art. 64 is applied when it is necessary to get rid of an employee. At first the employer informs the employee about the alteration of the bases of paying for work and only then starts to seek reasons which would justify the alteration. Due to the indefiniteness of the Law it is very difficult for the employee to protect his rights. The Wage Law of the Republic of Estonia is not of any use either as it treats wage conditions which are not identical to the notion of the bases of paying for work.

Further, the article offers some recommendations as regards the problem of how to fix the condition on the working time in the labour contract and which are the possibilities to alter this condition.

As regards the location of working it can be fixed in the labour contract in different ways. It may be limited with a settlement or quarter, or it may be fixed more precisely. When the location of working has been fixed precisely (shop, department, branch, etc.), a transferring of an employee to the other place is an alteration of the condition of the labour contract and entitles the employee to resign on the basis of Art. 82 of the Labour Contract Law and claim a compensation.