Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

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.