Occupational safety · 5 min

Working environment representative 2026: what changes on 26 October

The current rule "10 employees = representative" goes away. From 26.10.2026 an election is held if at least 10% of employees want one. Here are the old and new rules side by side.

Published · Seadusta.ee

On 26 October 2026 an amendment to the Occupational Health and Safety Act (TTOS) enters into force, changing the rules for the working environment representative. The current obligation of "10 employees = representative" disappears and is replaced by a system based on employees' request.

Below are the old and new rule side by side. New text: TTOS (from 26.10.2026).

In brief. Until 25.10.2026, a representative had to be elected in every company with at least 10 employees. From 26.10.2026, an election must be held if at least 10% of employees ask for it. If no representative is elected, the employer must consult employees on working environment matters.

What changes on 26.10.2026

The change gives employees the right to decide. In a small company where nobody wants a representative, the employer no longer has to push through an election, but the duty to consult remains.

The old and the new rule

TopicUntil 25.10.2026From 26.10.2026
When a representative is electedin a company with at least 10 employeesif at least 10% of employees want it
If there is no representative–the employer consults the employees
Notifying the Labour Inspectoratename and position within 10 daysthis sentence is no longer in the Act (see below)
Working environment councilin a company with at least 150 employeesat the employer's initiative or if at least 10% of employees want it

How to elect a representative

  1. 1.Call a meeting of employees and decide how long the representative's term of office will be.
  2. 2.The election is considered valid if at least 50% of employees took part.
  3. 3.Draw up the election minutes (date, participants, elected representative, end of term).
  4. 4.Agree with the representative on the time for their duties and arrange training.

Training and time

The representative must complete training within 2 months of being elected. The training is 24 academic hours. The representative must be given at least 2 hours a week to carry out their duties.

Working environment council

The common belief that "a council is needed from 50 employees" was not true before either: until 25.10.2026 the threshold was 150 employees. From 26.10.2026 a council is set up on the employer's initiative or if at least 10% of employees want one.

What is still unclear

The sentence requiring the representative's name to be reported to the Labour Inspectorate within 10 days has disappeared from the new text. We did not find another provision with the same content, but if in doubt, ask the Labour Inspectorate. This guide is not legal advice.

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