Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Estonia (RATIFICATION: 1994)

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Article 4 of the Convention. Promotion of collective bargaining. Extension of collective agreements. The Committee notes that the Government informs that, following decision 2-18-7821 of the Supreme Court of Estonia of 15 June 2020, amendments to the Collective Agreements Act came into force in November 2021 with respect to the regulation for extension of sectoral and national collective agreements. The Committee understands that the Supreme Court decision required to ensure the conformity of the legislation with the constitutionally protected freedom of entrepreneurship while ensuring social partners’ capacity and responsibility to negotiate working conditions and make them legally binding for the whole industry or the entire economy. The Committees notes that the amended law subjects the extension of collective agreements to a series of requirements that, inter alia, include: (i) the agreement of the parties to the collective agreement; (ii) the fulfilment of specific representativeness criteria and; (iii), the realization of a consultation process. The Committee requests the Government to provide information on the application in practice of the referred amendments and on its possible effects on the coverage rate of collective bargaining in the country.

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Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously requested the Government to provide information on any measures taken or envisaged to promote collecting bargaining and had requested the Government to provide information on the exercise of collective bargaining in practice, including the number of collective agreements concluded by sector and the number of workers covered. The Committee notes the Government’s indication that: (i) through the use of different funding instruments, including the European Social Fund, it has supported the social partners in raising their capacity, their negotiation skills and in educating their members and trade unions shop stewards about labour law; and (ii) the Basic Principles of the current Government Coalition for 2019–23 sets out to organize trilateral meetings on issues regarding the labour market, and to elaborate the principles for the organization of strikes and negotiations to improve the regulation of employees’ and employers’ rights and obligations. The Committee notes the Government’s indication that according to the Estonian Labour Force Survey, 4.7 per cent of the Estonian workforce was unionized in 2017, and as stated in the Database of collective agreements (KLAK), in 2018, an estimated 89,233 workers were covered by collective agreements. The Committee observes that, according to Statistics Estonia, in the second quarter of 2019 there were 667,700 employed persons in the country. The above-mentioned number of workers covered by collective agreements would thus represent 13.3 per cent of the total of employed workers in Estonia. The Committee therefore requests the Government to promote the full development and utilization of collective bargaining mechanisms so as to increase the number of workers covered by collective agreements, and to provide information on any measures taken or envisaged in this regard. The Committee further requests the Government to keep providing information on the number of workers covered by collective agreements.

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The Committee had previously noted the Government’s indication that a new Collective Bargaining and Collective Labour Dispute Resolution Act was being drafted, to cover the issue of registration of collective agreements by the Database of collective agreements (KLAK), and provide for rapid and inexpensive arbitration machinery and a clear differentiation between conflicts of rights and conflicts of interests, so as to give stronger and more impartial support to employees during conflicts with employers. The Committee had requested the Government to ensure that the new legislation would enshrine the voluntary nature of arbitration, recourse to compulsory arbitration being possible only in essential services and for public servants engaged in the administration of the State. The Committee notes the Government’s indication that the draft Collective Bargaining and Collective Labour Dispute Resolution Act was submitted to Parliament in 2014 but dropped after its first reading, upon expiry of the mandate of Parliament; and that there has not been further action regarding the draft Act. The Committee requests the Government to provide information on any measures taken or envisaged to promote collective bargaining and its exercise in practice, including the number of collective agreements concluded by sector and the number of workers covered.

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The Committee notes the information provided by the Government in reply to the previous comments of the International Trade Union Confederation (ITUC).

The Committee notes the Government’s indication that a new Collective Bargaining and Collective Labour Dispute Resolution Act is currently being drafted. According to the Government, the Act will presumably cover the issue of registration of collective agreements by the KLAK (Database of collective agreements) and will provide for rapid and inexpensive arbitration machinery and a clear differentiation between conflicts of rights and conflicts of interests, so as to give stronger and more impartial support to employees during conflicts with employers. The Committee notes this information and requests the Government to ensure that the new legislation will enshrine the voluntary nature of arbitration, recourse to compulsory arbitration being possible only in essential services and for public servants engaged in the administration of the State. It further requests the Government to provide a copy of the Collective Bargaining and Collective Labour Dispute Resolution Act once it is adopted.

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The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011 referring to the difficulties trade unions encounter in defending trade unions rights (in particular, as regards proving discrimination cases, insufficient dismissal compensation and slow and expensive court procedures) and alleging cases of anti union discrimination. The Committee requests the Government to provide its comments thereon.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that in its report the Government indicates that a special electronic database called KLAK (“Database of collective agreements”) was established in 2011 by the Ministry of Social Affairs in order to strengthen bargaining power of the employers and unions as well as to improve quality of information on collective bargaining and agreements and also to promote free collective bargaining in general. This new database covers all collective agreements registered in the country. However, according to the Government, under the relevant national rules, registration of the collective agreements is not mandatory. The Committee further notes the Government’s indication that with the financial aid of the European Social Funds, there is now a wide programme (2008–12) concerning strengthening of administrative power of employers and trade unions. One of the essential goals of this programme, according to the Government, is to promote and strengthen bargaining power of the social partners. The Committee welcomes the information provided by the Government and requests it to provide information on the results achieved in this regard.

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Article 4 of the Convention. Promotion of collective bargaining. The Committee notes the Government’s reply to the comments on the application of the Convention made by the International Trade Union Confederation (ITUC) concerning obstacles to collective bargaining in the public sector. The Committee further takes note of the conclusions and the recommendations of the Committee on Freedom of Association in Case No. 2543 concerning alleged limitations to collective bargaining in respect of public servants’ salaries. The Committee also notes that, in response to the ITUC’s statement that between 20 and 25 per cent of the workforce is covered by collective agreements, the Government indicates that 6.2 per cent of the workforce was unionized, and that the ITUC’s estimate was quite acceptable. The Committee invites the Government to take measures, in consultation with the social partners, to promote collective bargaining and to inform it of the results achieved in this regard.

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The Committee notes the Government’s report. It further notes the comments of the International Trade Union Confederation (ITUC) concerning the allegations of violation of trade union rights and the Government’s reply thereon. In particular, the Committee notes that according to the Government, two cases in connection with the violation of trade union rights were examined by the tripartite labour dispute committees of the National Labour Inspectorate and no such cases were brought before the courts in 2006–07.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006 and of the recent reply from the Government to these comments, which refer to legislative issues, and issues relating to the application in practice of the various provisions of the Convention. The Committee will examine these matters at its next session.

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The Committee notes the information provided by the Government in its report, in particular the adoption of the Trade Union Act, which entered into force on 23 July 2000.

In its previous direct request, the Committee had asked the Government to ensure that the legislation guaranteed workers protection against acts of anti-union discrimination and that this protection was coupled with sufficiently dissuasive sanctions. The Committee had also requested the Government to ensure that the legislation included sufficiently dissuasive sanctions against acts of interference by employers and their organizations.

Article 1 of the Convention. The Committee notes with satisfaction that section 19(2) of the Trade Union Act prohibits any restriction on the rights of employees or persons who seek employment, on the basis of their trade union membership. Moreover, section 19(4) allows employees who have been discriminated against on the basis of their trade union membership to demand termination of the restriction, compensation for the damage caused, and the restoration of their former situation. Finally section 184 of the Administrative Offences Code, which entered into force on 2 December 2000, establishes that a fine of up to 100 days’ wages may be imposed on employers or any other person responsible for the violation of section 19(2) of the Trade Union Act.

Article 2. The Committee also notes with satisfaction that under section 3(5), of the Trade Union Act, employers’ organizations and public authorities are prohibited from interfering in the activities of trade unions, and under the Administrative Offences Code, fines from 100 to 200 days’ wages can be imposed for such acts of interference.

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The Committee notes the information supplied by the Government in its report and the report of the freedom of association mission carried out between 25 and 27 August 1999 in Estonia.

Article 1 of the Convention. The Committee had previously noted that legislation did not provide for protection against acts of anti-union discrimination at the time of recruitment. Section 10(2) of the draft Freedom of Association and Trade Unions Rights Act provides that any restriction of employee's rights on the basis of their trade union membership is prohibited but without referring to discrimination at the time of recruitment and to discrimination based on trade union activities. The Committee requests the Government to ensure that the legislation includes this protection as well as specific remedies and appropriate and dissuasive sanctions where there has been anti-union discrimination.

Article 2. The Committee notes that section 58(3) of the draft Act provides that the employer shall not intervene in a trade union's affairs and must respect freedom of association. The Committee recalls that national legislation should ensure sufficiently effective and dissuasive sanctions against acts of interference by employers and their organizations. The Committee requests additional information on the sanctions foreseen by section 70 of the draft Act.

The Committee hopes that the Freedom of Association and Trade Unions Rights Act will contain provisions to give full compliance to the Convention and requests the Government to provide a copy of the abovementioned Act as soon as it is adopted.

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The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention. The Committee had previously noted that legislation, while containing provisions which provided for protection against acts of anti-union discrimination during the course of employment, did not provide for protection against acts of anti-union discrimination at the time of recruitment. The Committee notes the Government's statement that the draft Trade Unions Act will ensure adequate protection against acts of anti-union discrimination and provide for administrative and criminal penalties for violations thereof.

The Committee hopes that the draft Trade Unions Act contains provisions which will provide for protection against acts of anti-union discrimination at the time of recruitment. The Committee requests the Government to provide a copy of the above-mentioned draft Act as soon as it is adopted.

Article 4. The Committee had previously requested the Government to provide information on the most important collective agreements concluded during the period covered by the Government's report. The Government indicates that the most important collective agreements are those that have been concluded between: the Transport and Road Workers' Trade Union and the Transport Employers' Federation and National Road Board; the Energy Workers' Union and Estonian Energy Ltd. and Electricity Net Ltd.; the Forestry Workers' Union and the Ministry of Environment; the Oil Shale Miners' Union and Estonian Oil Shale Ltd.; the Railway Workers Union and the Estonian Railway Ltd.; the Communication Workers' Union and the Estonian Telephone and the Estonian Post Ltd. The Committee takes note of this information.

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The Committee notes the Government's report.

Article 1 of the Convention. The Committee recalls that in its previous direct request it referred to the protection that workers should enjoy against acts of anti-union discrimination. In this respect, the Committee observes that there exist certain legislative provisions which aim at protecting against acts of anti-union discrimination during employment and in the performance of trade union activities. Specifically, section 2 of the Law on Trade Unions of the Republic of Estonia provides that all persons employed have the right to form trade unions and that in the exercise of this right no restriction is allowed; section 11 of the same act provides that dismissal of a member of a trade union or the imposition of a disciplinary sanction against trade union leaders can be done only with the prior authorization of the trade union leadership; section 9 of the Law on Collective Agreements which provide that representatives of the parties in negotiations may not, during the negotiations, be subjected to disciplinary measures nor have their employment contract be terminated; and section 24 of the Law on Collective Labour Disputes prohibits dismissal of strikers taking part in a legal strike. However, legislation does not seem to contain provisions providing protection against acts of discrimination at the time of recruitment.

The Committee therefore requests the Government to take measures to include in legislation provisions which expressly guarantee protection against acts of anti-union discrimination at the time of recruitment and to inform it in its next report of any measures adopted in this respect.

Articles 1 and 2 of the Convention. In regard to sanctions in the event of anti-union discrimination or interference between workers' and employers' organizations, Committee first notes with interest that the Government indicates in its report that under sections 34 and 200 of the Law on Administrative Violations, violations of labour legislation (including for acts of anti-union discrimination) carry penalties which amount to 100 days' worth of wages.

Moreover, the Government considers that it is reasonable to provide for penalties in the next revision of labour relations.

Article 4 of the Convention. The Committee requested the Government to supply specific information on the number of collective agreements concluded and the sectors and workers covered by them. In this respect, it observes that the Government has not been able to supply the information requested because a system of registration of collective agreements does not exist. The Committee asks the Government to inform it about the most important agreements concluded during the period covered by the report.

Finally, the Committee recalls that in its previous direct request it had noted that a new act on trade unions was in preparation. The Committee again requests the Government to inform it of any progress made in the preparation of this act and to send it the text as soon as it has been adopted.

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The Committee notes the Government's first report.

It requests the Government to supply further information on the following points:

Article 1 of the Convention. The Committee notes the Government's indication in its report that acts of anti-union discrimination could occur in certain small firms. It requests the Government to indicate what measures it intends to take if such situations should arise.

Article 3. The Committee notes the Government's statement in its report that the lack of legislation regarding protection against anti-union discrimination results in a lack of possibilities for punishment. It also notes that the Government hopes that general, adequate protection will be improved in the act on trade unions which is in preparation.

It requests the Government to indicate what measures for prevention, compensation or punishment it intends to take to ensure effective protection, and specifically what sanctions it intends to institute to protect workers against acts of discrimination set out in Article 1, or for workers' organizations in the event that acts of interference such as those listed in Article 2 occur.

Article 4. The Committee requests the Government to supply any practical information on collective bargaining (for example, number of collective agreements, sectors covered, number of workers concerned).

The Committee notes that a new act on trade unions is in preparation and requests the Government to supply information on the progress of work and to send it the text once it has been adopted.