What are your rights if you are detained 

It is better, of course, that you are not detained, but if this happens, then the following must be taken into account.

A police officer in a police uniform must show you an identity card, but only at your request (according to § 37’1 (5) of the Police and Border Guard Act (PPVS)).

If you are taken to the police for identification, the police must return you to your place of departure or your place of residence. 

In the absence of an administrative violation, you can only be detained for a maximum of three hours from the moment of actual detention.

What to do if the police come and ask for documents

We strongly recommend that you show documents. You will not be able to prove on the spot that they can be demanded illegally. Once you have presented the documents, you have the right to ask for what purpose this was done.

What can the police do after identifying you?

If the police have no complaints against you, then communication with the police should end there. You may be sent a summons for questioning. In this case, write to us on the page. We will work with such cases and prepare a general instruction.

What happens if you do not give a document or do not give your name

If you do not show the document at the request of the police, then you have the right to be taken to the station for identification. If there are no administrative violations, they will be able to hold you for no more than three hours and must be taken either home or back to the place of detention.

If your identity is established, then you can be detained only in case of an administrative offense

If your identity is established, then the detention itself can be carried out only within the framework of an administrative offense. The police officer must inform you about this. 

Record everything on camera!

If communication with the police begins, ask others to immediately start recording on the camera with sound to record all actions. If there is a proven abuse of authority, you can file a complaint.

The maximum detention period can be 48 hours, but only in very specific cases.

• you tried to escape from the site;
• your identity is not established;
• you go on doing some wrongdoing;
• you interfere with the conduct of actions for any misconduct (this should be reflected in the protocol of detention)

Arrange with a representative if possible.

It makes sense to secure a representative in advance if you are afraid of being charged with a misdemeanor or a crime. While you are being driven to the station or earlier, you can and should contact a representative, this right cannot be denied to you.

Your representative may not necessarily be a lawyer, but any person who has a diploma of higher legal education.

You must have time to issue a power of attorney to such a representative, which you should ideally draw up in advance and sign it digitally or on paper with your own hand.

Your representative must have a copy of his law degree diploma with him when he arrives at the police station.

How to behave during an interrogation?

The interrogation cannot begin without the presence of your representative. If you need an interpreter, then without a sworn translator, the presence of which must be provided by the police at their own expense.

Rights of your representative

Are the police required to let your representative on the bus?

No

Are they required to tell him where they are taking your representative?

Yes

Do you have the right to communicate?

Yes. The police are obliged, when detaining you or when performing another first procedural action (for example, bringing you to the police, interrogation) to provide you with the opportunity to contact a lawyer. 

Does the interrogation have the right to begin without the presence of your representative or lawyer in an administrative case?

No

Does an Estonian citizen or just a resident have the right to an interpreter in their language?

Yes

Does a police officer in a police bus or police station have the right to search a citizen and on what grounds?

Yes, but only in some cases. The police or other law enforcement agency may examine you, including your body, body cavities, clothing, item of clothing or worn on the body, only if:

1. there is reason to believe that you are in possession of an item or substance that may be deposited, seized or confiscated by law;
2. this is necessary to determine the increased risk if you are in a building important for the activities of public authorities, or in its immediate vicinity,
3. it is necessary for identification;

How should the search/inspection take place? - witnesses, reason, etc.? 

You may be examined by a police officer of the same gender as you or, in the absence of an officer of the same gender, by a medical officer. 

On what basis can you be detained for a longer period?

More than 48 hours they cannot, for a misdemeanor within 48 hours there must be a court decision on the application of arrest, in criminal proceedings a measure of restraint (taking into custody or a written undertaking not to leave) - that is, in cases of detention at demonstrations, such detention cannot be .

What if a minor is detained?

If the detained person is a minor or other person with limited legal capacity, the law enforcement agency must immediately notify the legal representative of the detention. Such a person must refuse any investigative measures unless a defense counsel is provided.

What's Happening at the Police

There will be at least two protocol documents in your file, one about the offense that you are charged with, and one about your interrogation. The first document is usually drawn up by the policeman who carried out the arrest, the second by the investigator. Вам предложат подписать оба документа.

If you plan to challenge a possible fine in the future (which we will be happy to help you with), then it makes sense to be proactive.

You need:

• say, at a minimum, that you disagree with the charges and that you did not break the law
• indicate that there were no witnesses to the incident (or if there were, then indicate who they are - therefore it is better to move around before being detained together and know the coordinates and names of each other in advance).
• indicate all the shortcomings, negligence, rudeness and non-compliance with the procedures of the police officers who carried out the arrest, for example, that the policeman did not introduce himself, did not present his certificate at your request, used force, although you did not resist, you were searched illegally, forced to undress without any reason etc.

For greater peace of mind, you can put the word violation and the offender in quotation marks.

The interrogation protocol must also indicate all the circumstances of the incident, witnesses, all violations committed by the police, all facts that clarify the chain of events. 

Do not rush to sign the protocol until you have checked it in detail in your native language. Think about what other elements you need to specify, what details you may have forgotten.

After a thoughtful reading, sign the protocol of interrogation and demand a copy of it with a note from the police.

A Few General Tips

• no one is obliged to testify against himself and may refuse to answer questions, but then it will be difficult to challenge the possible punishment in court
• take care of a lawyer in advance
• ask for an accredited translator if needed. Without it, the interrogation cannot begin. 
• always behave adequately, respectfully, without rudeness and certainly without aggression with the police, because this is punished severely by law. 

Let the police do their job, it's a process that can't be stopped, but the mere fact of being questioned by the police is not something terrible. 

You are hardly arrested - rather, just detained for interrogation. This will pass quickly. 

Clarification from TööInspektsioon of 30/08/2021 on Vaccination in the workplace

Legal consultants of the Labor Inspectorate do not assess the circumstances arising from situations and do not resolve disputes between the parties, but explain the Law on Employment Contracts and the legislative acts adopted on its basis.

Next, we explain the obligations and rights of the employer between the links between improving the safety of the working environment and vaccination.

The obligation to vaccinate employees is clear from the employer's risk analysis of the working environment, during which the employer determines the nature, extent and duration of the employee's risk of infection and therefore assesses the risk to the employee's health and takes the necessary preventive measures.
Thus, the obligation to vaccinate must be preceded by an employer's risk analysis, which the employer must present to employees.

Vaccination is one of the possible measures taken by the employer to ensure the safety of the working environment and the health of the employee. Risk mitigation measures in the work environment can only be determined by first determining what the risk is and how likely it is to materialize. Therefore, in order to prevent the spread of the coronavirus, the employer must review the risk assessment of its work environment, supplement it if necessary, and draw up an appropriate action plan based on a realistic risk assessment. To reduce the risk of infection, the employer may consider vaccinating employees as one of the possible measures, i.e. this will be, for example, part of the work environment risk analysis action plan for 2021.

However, a vaccine is not the only way to prevent exposure to biological hazards, and workers have the right to refuse vaccination. Therefore, the employer should also consider other risk mitigation measures such as:

• issuance of additional personal protective equipment;
• reorganization of work.

If the results of the risk assessment show that vaccination is particularly important in certain sectors or activities, and other measures are not effective enough to protect the health of workers or clients/patients, vaccination may be justified.

In accordance with § 6 (2) 7) Decree of the Government of the Republic No. 144 of May 5, 2000 "Requirements for occupational health and safety in a working environment exposed to biological hazards" (hereinafter referred to as the Regulation), if the risk cannot be eliminated by means of the measures referred to in § 5 of the same Regulation, ensure that vaccination is available to workers exposed to biological risk factors for whom an effective vaccine is available.

An employer may stipulate, on the basis of an action plan for risk assessment in the working environment, that he must provide for the possibility of vaccinating employees, but this does not mean that the employee must be vaccinated on a mandatory basis. Violent workers should not and should not be forced to vaccinate, as this is contrary to the principle of physical integrity and clearly violates human rights.

The worker must be aware of all issues related to health risks in the work environment, precautions to prevent exposure to biological hazards, hygiene requirements, use of personal protective equipment, prevention of hazards and actions to be taken in the workplace. accident event. This means that once a risk assessment has been carried out or updated, and new measures have been introduced, workers must also be informed. If employees do not know why any action was taken or why the employer introduced new rules, this will lead to misunderstandings. Therefore, it is important for the employer to explain why vaccination is important and what are the next steps if the employee does not want to be vaccinated.

It is important that the worker knows what the consequences of his refusal to be vaccinated will be, i.e., whether the employer must reorganize his work, provide additional personal or general protective equipment (for example, masks, visors, disinfectants, distance, etc.) or to risk. In some cases, his employment contract is terminated if the employer cannot reorganize work or take other measures to effectively mitigate risks, and the risk of transmission of the virus is high, putting other employees or the employer's clients at risk.

If an employee refuses to be vaccinated and other means of reducing the risks are not sufficient in the opinion of the employer, or the employee cannot wear personal protective equipment, the employee must be explained in advance the consequences, warned (preferably at least in a reproducible form) and terminated) Based on § 88 (12).

In the event of a dispute, the employer must be able to demonstrate why other measures (masks, distancing, etc.) are not sufficient.

You can also learn more about the biological risk factor on the Working Life Portal: Tööelu – portaal

If the employer has a reason to terminate the employment contract with the employee, then in accordance with § 95 (1) TLS, the employment contract can be terminated in a form that can be reproduced in writing by means of a notice of termination. Form for written reproduction This can be, for example, e-mail, text messages, paper, etc. Extraordinary cancellation must be justified (§ 95 (2) TLS).
The declaration of termination of the employment contract is a unilateral declaration of intent, which takes effect from the moment it is received. This means that if the employer notifies the employee of the dismissal and the employee receives it, this is a valid application and the employment contract will expire on the date and on the basis indicated in the application. The employee's consent or signature is not required for the application to be valid; it is important that the employee is notified of the cancellation.

If the employer terminates the employment contract and the employee believes that the employer terminated the employment contract unlawfully, i.e., the employer had no grounds for terminating the employment contract, the employee has the opportunity to appeal the termination to the labor dispute authority (labor dispute commission). or court) within 30 calendar days from the date of receipt of the notification.

You can read more about termination of an employment contract on the Working Life portal:

Please note that the legal clarification of the Labor Inspectorate does not mean establishing the only correct interpretation of the law.

Peace and strength to all!