Documented violations - actual number of cases may be higher
Population:
1,300,000
Capital: Tallinn
Capital: Tallinn
A difficult economic climate has made it problematic for trade unions to protect employee rights, and high unemployment has acted as a deterrent to joining and establishing unions. Several violations have been reported against trade union officials. The main area of concern in the law is the ban on strikes for public servants.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
The effects of the economic crisis continued to be felt in Estonia in 2010. Unemployment continued to rise to 15.5% in the 3rd quarter of the year. The budget deficit came down to 1% ahead of the country’s accession to the Euro zone on 1 January 2011. Much debate centred on employment rights with attention focused on the revised Employment Contracts Act, which included changes introduced unilaterally by the government without tripartite consultation.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
1,300,000
Capital: Tallinn
Capital: Tallinn
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
Fundamental trade union rights are guaranteed, although problems still exist. The trade union law, adopted in 2000, recognises the right to organise, and collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
and collective dispute collective dispute See industrial dispute resolution are also provided for in law. However, all civil servants and employees of government agencies, other state bodies and local governments are denied the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights , the Council of Europe and even the Estonian Chancellor of Justice (ombudsman) have criticised this situation. Despite initial promises, in 2008 the Ministry of Justice confirmed that the government planned to keep the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike ban for all civil servants under the new Public Service Act. Furthermore, for over 15 years, the government has failed to produce a list of “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” as stipulated by the Collective Labour Dispute labour dispute See industrial dispute Resolution Act.
See collective bargaining agreement
and collective dispute collective dispute See industrial dispute resolution are also provided for in law. However, all civil servants and employees of government agencies, other state bodies and local governments are denied the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights , the Council of Europe and even the Estonian Chancellor of Justice (ombudsman) have criticised this situation. Despite initial promises, in 2008 the Ministry of Justice confirmed that the government planned to keep the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike ban for all civil servants under the new Public Service Act. Furthermore, for over 15 years, the government has failed to produce a list of “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” as stipulated by the Collective Labour Dispute labour dispute See industrial dispute Resolution Act.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Legal barriers to the establishment of organizations:
- >Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- The Income Tax Act obliges trade unions to provide a list of all members, including their personal identity codes, unless their members object to that declaration and thereby forfeit the tax rebate on their union dues.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is regulated by a Labour Code.
Format: text
Restrictions
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- All civil servants and employees of government agencies, other state bodies and local governments are denied the right to strike. The ILO, the Council of Europe and even the Estonian Chancellor of Justice (ombudsman) have criticised this situation, and the government promised to lift the strike ban eight years ago. In June 2008, the ILO Committee on Freedom of Association (CFA) adopted a definitive report on the associated complaint by the Confederation of Estonian Trade Unions (EAKL). The CFA asked the government to act swiftly in making the necessary legislative changes so that the Collective Labour Dispute Resolution Act complied with the ILO standards. While there have been no amendments to the current legislation, the Ministry of Justice informed the ILO that it had prepared a proposal for modernisation of public services, which provides a new and narrower definition of the term "public servant" to include only those employees who exercise authority on behalf of the State. However, in January 2008, the Ministry of Justice had confirmed that the government coalition planned to keep the strike ban for all employees who remained civil servants under the new Public Service Act.
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Legislation empowers the Government to draw up a list of companies and other bodies that provide for the essential needs of the population and the economy. 13 years have passed since the Collective Labour Dispute Resolution Act was enacted, but no such list exists.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
1,300,000
Capital: Tallinn
Capital: Tallinn
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Difficult to defend workers’ rights: The Confederation of Estonian Trade Unions reports that unions often encounter general problems in defending employee rights. These often relate to the legal processes: establishing discrimination in employment tribunals is a new phenomenon and there is little experience in handling such cases. It remains relatively easy to dismiss trade union activists in the work place as there is no obligation under the Employment Contract Act (ECA) to reinstate a fired trade union representative if it is not reasonable once both parties’ interests have been taken into account. Compensation is often reduced by courts or tribunals even though there is provision for it at a reasonable level in the ECA. Court procedures are slow and expensive, whilst claims for compensation in case of unlawful termination of an employment contract are subject to relatively high fees.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
1,300,000
Capital: Tallinn
Capital: Tallinn
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Shop steward made redundant without consultation: An EMAF (Estonian Metal Workers Trade Union Federation) shop steward
shop steward
A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment.
, Mr Zeleznjakov, was made redundant by his employer, Stellabalt OÜ, without the requisite prior consultation with the trade union. Mr Zeleznjakov was reinstated at an employment tribunal with immediate effect. However, the employer provides work now to the exact letter of the employment contract, which means considerably reduced income. At the same time the employer has appealed against the decision of the tribunal and the case continues in court.
Long-serving shop steward sacked: EVR Cargo Ltd sacked a Locomotive Drivers trade union shop steward
shop steward
A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment.
, Mr Sochka, for breach of trust and for breaking his employment obligations. Mr Sochka had worked for the same employer for 24 years. The employer did not take into account the opinion of the trade union nor did it give any reasons for not taking the opinion into account. In a subsequent tribunal the ruling went in favour of Mr Sochka and he was awarded compensation.
A case of discrimination not upheld: At the company Lasbet Tootmine Ltd, a shop steward
shop steward
A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment.
with the service sector trade union ETKA, Mr Tolmatšov, worked in a shift where all workers were warned for not complying with rules regarding the use of personal protective equipment. The employment contracts of Mr Tolmatšov and another trade union activist were terminated. It was decided to apply to a tribunal as the employer had not complied with the principle of equal treatment. The employer had been notified of the establishment of a trade union organisation one week before the above infringement by the workers took place. It was felt that there was clear discrimination based on trade union membership as not all workers were treated equally. The tribunal found that the termination of the employment contract was unlawful and awarded compensation. However, it did not establish discrimination and that claim was not upheld; the shop steward
shop steward
A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment.
did not appeal.
Shop steward in lengthy battle for reinstatement: The employment contract of Estonian Metal Workers Trade Union Federation shop steward
shop steward
A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment.
, Mr Sõtnik, was terminated by his employer, Paljasaare Kalatööstus Ltd, for various offences. Mr Sõtnik applied to an employment tribunal and in 2009 the tribunal found in his favour, reinstated him and ordered the employer to pay the wages for the time he was on forced absence from work. To avoid re-employing Mr Sõtnik the employer made him redundant, a move that was later contested in an employment tribunal. The employer appealed against the tribunal decision and in October 2010 a court decided in favour of the shop steward
shop steward
A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment.
. A further appeal has been made by the employer and a hearing is scheduled for May 2011.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
1,300,000
Capital: Tallinn
Capital: Tallinn
reported violations - 2011
Documented violations - actual number of cases may be higher