Estonia - 2012

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.