If you want to start an activity in the field of providing employment mediation services to crew members, you must submit a notice of economic activities to the Register of Economic Activities before starting the relevant economic activity.
The notice of economic activities does not have to be submitted by undertakings in a Contracting State covered by the Services Directive which provide the service across borders.
Legal bases
- Seafarers Employment Act
- Maritime Labour Convention
- Work in Fishing Convention of the International Labour Organisation (No. 188)
Cross-border operation
If the company is established and engages in employment mediation in another contracting state of the European Economic Area, but wishes to operate also in Estonia, the requirements arising from the Commercial Code apply to the company.
In the case of a permanent provision of employment mediation services, the foreign company must enter a branch in the Estonian Commercial Register and submit the notice of economic activities to the Register of Economic Activities.
Undertakings of a Contracting State of the European Economic Area which temporarily provide a service in Estonia need not submit the notice of economic activity, unless a special law provides for the obligation to submit it.
Filling in and submission of a notice
In addition to the information provided for in section 15 of the General Part of the Economic Activities Code Act, the notice of economic activities must also contain a written confirmation of the undertaking that it complies with the obligations provided for in subsection 70 (2) and subsection 72 (1) of the Seafarers Employment Act.
The provider of employment mediation services may not directly or indirectly charge a person who has approached them with a wish to find employment for the employment mediation services. Only the shipowner may be charged for the employment mediation service.
An employment mediation provider who arranges a crew member for a ship engaged in international voyages of 200 gross tonnage or more must:
- keep records of crew members employed through the provision of employment mediation services which are available for inspection by the supervisory authority;
- ensure that the crew member is informed of the rights and obligations contained in the seafarer’s contract of employment to be concluded, ensuring that the crew member has access to the seafarer’s contract of employment before and after it is signed and that they obtain the seafarer’s contract of employment;
- verify that the crew member has the qualifications and documents required for employment;
- verify that the seafarer’s contract of employment complies with the applicable law and the collective agreement if the crew member is covered by a collective agreement;
- maintain, for a period of one year after the conclusion of the seafarer’s contract of employment, the seafarer’s contract of employment of the crew members employed through the employment mediation service provider, which are available for inspection by the supervisory authority;
- monitor, as far as is reasonably practicable, that the shipowner has the means to protect the crew member in the event of detention in a foreign port;
- take action to resolve a complaint against them by notifying the supervisory authority of any outstanding complaint.
You can submit the notice of economic activities:
- By entering the Register of Economic Activities through (authentication is required);
- through a notary.
Submitting the notice of economic activities electronically is free of charge. When submitting the notice through a notary, a notary fee must be paid.
Changes in the information of the notice of economic activities
As an entrepreneur, you must notify the registrar of any changes in your information concerning economic activities immediately, but no later than within 5 working days.
Changes to the notice of economic activities can be submitted:
- By entering the Register of Economic Activities (authentication is required);
- through a notary.
Renouncement of economic activities (including temporary renouncement)
In case of temporary renouncement of economic activities, submit a notice of temporary renouncement of economic activities, specifying the dates of renouncement and re-commencement of economic activities. In case of permanent renouncement of economic activities, submit a notice of renouncement of economic activities, setting out in the notice the date of renouncement of economic activities.
A notice of renouncement of economic activities can be submitted:
- By entering the Register of Economic Activities (to use the service, you have to authenticate yourself);
- through a notary.
Supervision
The Labour Inspectorate exercises state supervision over compliance with the requirements provided for in the Seafarers Employment Act.
Contacts
Substantive information
Veigo Tumaševski
Labour Inspectorate, phone +372 5109 058, e-mail: [email protected]
Registry information and technical questions
Register of Economic Activities, phone: +372 668 7080, e-mail: [email protected]