COBALT Estonia Labour Law Newsletter: Supreme Court ruling on preparation time counted as working time

In autumn 2024, the Supreme Court issued a ruling clarifying the distinction between working time and rest time. The court ruled that time spent changing into work clothing, putting on personal protective equipment, and carrying out related movements and washing must be counted as working time.

In the case in question, the employer had put in place internal rules requiring employees to be dressed in work attire and equipped with personal protective gear at the start of their shift. The employee argued that the time spent changing should be counted as working time and compensated as overtime. The Supreme Court ruled in the employee’s favour, stating that time spent moving between the workplace and the washroom, washing and changing clothes is not rest time, as wearing work attire and protective equipment is a job requirement. The court found that the employer had violated the law by failing to count this as working time and compensate it as overtime.

The Supreme Court ruling clarifies the distinction between working and rest time and offers employers clear guidance on treating preparatory activities as part of working hours.