Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Estonia (Ratification: 1994)

The Committee notes the information contained in the Government's report. The Committee notes in particular and with interest the Government's statement to the effect that a new Act respecting trade unions which assimilates the Committee of Experts' comments had been submitted to the Ministry of Justice on 13 October 1998. The Committee requests the Government to provide a copy of the text as soon as it has been adopted.

1. Registration of a trade union in legislation. The Committee refers to its previous comments in respect to the need to abolish the references to the Central Trade Union of Estonia referred to by name in the Act of 1989 respecting trade unions and notes with great interest that, according to the information provided by the Government, the new Act respecting trade unions contains no reference to this trade union.

2. Freedom of association for public servants. The Committee notes the information contained in the Government's report to the effect that public servants may not be denied the right to freedom of association. The Committee requests the Government to indicate whether the new Act respecting trade unions is extended to public servants and, should this not be the case, to provide a copy of the text governing the right to freedom of association of public servants.

3. The right to establish a trade union without prior authorization. The Committee takes due note of the information provided by the Government concerning the methods of registering trade unions which contain only the formalities to ensure the normal functioning of occupational organizations and do not impair the guarantees granted by the Convention.

4. Prohibition of the right to strike aboard vessels and in government institutions and other state or local authority departments (section 21(1)(1) and (2) of the Act respecting the procedures for settling collective industrial disputes of 1993). The Committee notes the Act prohibiting strike action aboard vessels and in government institutions and other state or local authority departments. The Committee considers that strike action is an intrinsic corollary of the right to organize and that the legislation should define the prohibitions or suspension of strike action in the event that a work stoppage due to strike action at sea endangers the life, health and security of persons aboard. Seafarers should therefore be able to enjoy the right to strike when vessels are docked. The Committee requests the Government to clarify this provision and to indicate whether seafarers are able to exercise the right to strike when vessels are docked.

With regard to the prohibition of the right to strike imposed on employees in government institutions and other state and local authority departments, the Committee recalls that only public servants who exercise authority in the name of the State may be denied the right to strike.

5. Maintaining a minimum service in the event of a strike. The Committee requests the Government to indicate whether, in the application of section 21(1)(4) of the Act respecting the procedure to settle collective labour disputes of 1993, a list of enterprises or establishments which provide the basic daily needs of the population and the economy where a minimum service must be maintained in the event of a strike has been adopted and, if so, to transmit a copy of the text in order to ensure its conformity with the principles of the right to organize.

6. Right of employers to establish organizations. The Committee requests the Government to indicate in its next report whether the new Act on trade unions includes the right of employers to establish organizations.

7. Request for texts. The Committee requests the Government to provide a copy of the text of the Act of Non-Profit Organizations and their Unions of 23 March 1994 referred to in the Government's reports. The Committee requests the Government to specify whether, when the new Act on trade unions will have been adopted, the Act of Non-Profit Organizations of 1994 will be extended to workers' and employers' organizations.