Vastus

Dear Mr Reid,

In Estonia, rights of trade unions are regulated by Trade Unions Act (TUA). § 5 of the TUA stipulates that in their legal activities, trade unions are independent of employers, their associations and their representatives, state authorities and local governments and other organisations. Trade unions have the right to independently organise their activities and management, including draw up their articles of association, prepare action plans and freely elect their representatives.

§ 17 of the TUA regulates competence of trade unions. In order to represent, exercise and protect the rights and interests of employees, the competence of trade unions includes:
 1) entry into collective agreements or other contracts pertaining to employment, service or social affairs with employers or their associations, state authorities, and local governments and the Government of the Republic;
 2) submission of proposals into draft legislation in issues relating to the employment, service-related, professional, and economic and social rights and interests of employees;
 3) submission of proposals to state and local government authorities for the amendment of legislation regulating employment and social issues;
 4) in order to improve the situation of occupational safety and health, cooperation with the corresponding state and government authorities, and employers and their associations;
 5) cooperation with state employment services and local governments in issues relating to the improvement of employment, training, in-service training, professional skills and professional training;
 6) participation in informing and consulting employees through a trade union trustee pursuant to the procedure provided by this Act;
 7) representation and protection of their members in labour dispute resolution bodies, in relations with state and local government authorities, employers and associations of employers.

Accrording to § 18 of TUA, in order to exercise their competence, trade unions have the right to:
 1) receive, without hindrance, from employers, their representatives, state authorities and local governments information concerning employment and social affairs and other information concerning issues involving the interests of employees;
 2) hold negotiations in employment, service-related and social issues with employers and their associations, state authorities and local governments for entry into collective agreements and other contracts;
 3) submit proposals concerning draft legislation relating to the employment, service-related, professional, and economic and social rights and interests of members of the trade union (federation);
 4) receive information on the situation on the labour market, vacant jobs and possibilities of employment training from state employment services through the elected representative of the trade union;
 5) disseminate their positions through mass media, own printing facilities and media, develop publishing, including issue and distribute newspapers and other printed matter;
 6) in order to achieve their objectives, organise meetings, political meetings, street parades, pickets and strikes pursuant to the procedure prescribed by law;
 7) freely develop any kind of foreign relations in order to carry out their objectives specified in the articles of association, including join international organisations of employees;
 8) train and consult their members in employment and social issues and other issues involving the interests of employees.

§ 20 of TUA stipulates  obligations of employers in relations with trade unioon. An employer is required to:
 1) grant a workroom for a trade union, where possible;
 2) grant premises for holding trade union events at least once a month and permit members of the trade union of a company, agency or other organisation and also other persons invited by trade unions to participate in these events. An employer is to be notified in advance of the participation of persons who are invited outside of the company, agency or other organisation by the trade union;
 3) allow a member of a trade union at least five days free from work in order for them to participate in training organised by the trade union or in the work of trade union bodies on the basis of written invitations submitted by the trade union, provided it does not bring about significant impediments to the economic activities of the employer. On the days free from work granted pursuant to this clause, the employee must continue to receive their average wages for two days a year;
 4) at the request of an elected representative of a trade union, commence negotiations for entry into or amendment of a collective agreement and other contract pertaining to employment, service or social affairs;
 5) permit representatives elected by a trade union to examine without hindrance the work organisation and the working conditions in the company, agency or other organisation where members of the trade union are employed. To permit an elected representative to submit opinions and proposals in issues concerning representation of employees;
 6) perform other duties arising from law or a collective agreement with regard to trade unions.

TUA also provides sanctions in case of violations:

• Failure to enter into negotiations over entry into or amendment of a collective agreement or other contract, or failure to provide an employee with the opportunity to participate in the work of or training organised by a trade union body, or restricting of the rights of an employee due to their membership in a trade union or acting as an elected representative of a trade union, committed by an employer or an employer’s management board member or another representative to whom the ensuring of the performance of the employer’s obligation provided by this Act was delegated is punishable by a fine of up to 300 fine units. The same act, if committed by a legal person, is punishable by a fine of up to 32 000 euros. (§ 26¹)

• At the place where a member of a trade union works, hindering of an elected representative of the trade union from examining the work organisation or the working conditions of employees, committed by an employer or an employer’s management board member or another representative to whom the ensuring of the performance of the employer’s obligation provided by this Act was delegated is punishable by a fine of up to 300 fine units. The same act, if committed by a legal person, is punishable by a fine of up to 32 000 euros. (§ 26²)

• Obstruction of the lawful activities of a trade union by an employer or an employer’s management board member or another representative to whom the ensuring of the performance of the employer’s obligation provided by this Act was delegated is punishable by a fine of up to 300 fine units. The same act, if committed by a legal person, is punishable by a fine of up to 32 000 euros. (§ 26⁵)

Currently, we have no new legislative measures regarding trade union rights/protection planned in our action plan. However, we are plannin a research to understand the needs of trade unions and reasons for not joining trade unions. As a result of this research, there is a chance that we might plan some legislative measures in the future.

Best regards

Liis Tõnismaa

Head of Labour Relations

Ministry of Economic Affairs and Communications

+372 5914 4161, [email protected]

[email protected] | Suur-Ameerika 1, Tallinn

Dear Colleagues

For those of you who have a requirement to establish an action plan under Article 4.2 of the Directive on adequate minimum wages in the European Union, Colleagues in Dublin would be very interested to learn about the situation in your MS regarding protecting trade union members and/or their representative in the workplace, and specifically any information you can share in relation to the following 3 questions:

1. What legislative or other provisions are in place to protect trade union members and representatives carrying out trade union business in the workplace?

2. What legislative or other provisions are in place which enable trade union representatives to access the workplace to share information about trade union membership?

1. Do you intend to bring in new legislation or measures in these areas as part of your national action plan?

Any information you can provide in this regard would be greatly appreciated.

Kind regards

Billy

William Reid | Employment Affairs & EPSCO Council Attaché | Permanent Representation of Ireland to the EU | Rue Froissart 50 | 1040 Brussels

Gnóthaí Fostaíocht & Comhairle EPSCO Attaché | Buanionadaíocht na hÉireann chuig an AE | Sráid Froissart 50 | 1040 an Bhruiséil

( + 32 498 91 30 36 (Mobile) | + 32 2 282 32 32 (Office)

While it may suit me to send this eMail at this time, I do not expect a response or action outside your own working hours

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