The length of basic annual leave should be the same in both the private and public sectors

The Estonian Chamber of Commerce and Industry submitted a proposal to the Constitutional Committee of the Riigikogu to amend the Public Service Act so that, in the future, the basic annual leave of officials would be 28 calendar days instead of the current 35 calendar days, that is, the same length as in the private sector.

Commenting on the proposal, Mait Palts, Director General of the Estonian Chamber of Commerce and Industry, said that all employees in Estonia should be equal before the law and that uniform basic rules should apply. “There is no compelling reason why the basic annual leave of officials should be longer than that of private-sector employees. We should also move more in the public sector towards modern management, where employees are motivated according to their actual contribution and work results,” he said, adding that if, in some public authorities, the nature of the work requires longer leave to be offered, this could be agreed at the level of the institution.

In its letter sent to the Riigikogu, the Chamber pointed out that, as a general rule, working as an official is not more exhausting than working in the private sector in a way that would automatically justify longer basic annual leave. In the Chamber’s view, if working conditions are worse in some institutions, the solution should be to improve work organisation and other conditions, rather than prescribe longer leave in the law. In addition, it is important to take into account that working in the public sector is a conscious choice and that the conditions and restrictions associated with it are generally known in advance.

The Chamber also believes that the proposal would increase both flexibility and the decision-making autonomy of public authorities and would allow the head of an authority to design a leave system based on the specific nature of the institution. Such a change may also help improve the efficiency of public authorities.

Palts stressed that the proposal does not exclude the possibility of granting an official longer basic annual leave, but instead gives the authority where the employee works the right to decide.

Significantly longer basic annual leave for officials is rather exceptional

In many European countries, including Estonia’s neighbouring countries, the same or at least a very similar basic annual leave system applies both to officials and to employees working under employment contracts. Examples from other countries also suggest that Estonia’s current solution, under which officials are granted longer basic annual leave by law, is rather exceptional.