Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee takes note of the Government’s report.

In its previous direct request, the Committee had previously noted the amendment to the Income Tax Act adopted in December 2002, which required trade unions to submit to the local tax boards details on membership and entrance fees, and the regulation requiring the unions to present the tax authority with a list of trade union members and the amount of their membership and entrance fees paid during the previous year. On that occasion, the Committee had noted the concerns raised by the Confederation of Estonian Trade Unions (EAKL) to the effect that they had not been previously consulted on this amendment as well as their statement that the obligation to furnish a list of trade union members to the public authorities constituted undue interference in their internal affairs. The Committee therefore had requested the Government to review the new amendment to the Income Tax Act and any relevant regulation in full consultation with the social partners concerned, with the aim of finding a solution to the administrative issues involved which would not run the risk of interfering in internal trade union affairs. The Committee notes the Government’s statement that the consultations between the Ministry of Social Affairs, the EAKL and the Estonian Employers’ Confederation were held last year. The result of the consultations was a joint opinion that the mechanism of tax deductions for trade union dues as provided by the new legislation did not constitute undue interference in the internal affairs of trade unions. The Committee notes this information with interest.

The Committee had previously asked the Government to supply the list of essential services and the amendments to the Collective Labour Disputes Resolutions Act. It had further requested that the Government indicate whether seafarers were able to exercise the right to strike when vessels were docked. The Committee notes the Government’s statement that the Ministry of Social Affairs had prepared a bill amending the procedure for resolving collective labour disputes, which banned strikes in the public sector and had submitted it to the Government. The bill prohibits strikes in the public sector only with regard to those higher state and government officials who exercise power in the name of the State (heads of the state agencies and heads of the local government agencies and their deputies, assistant ministers, secretaries-general, director-general of the state chancellery, county secretary, state conciliator, gender equality commissioner, judges and prosecutors), as well as with regard to prison officers, police officers, people in the active service of the defence forces, people posted to the Estonia’s representations and officials of security authorities. The bill provides for limitations on the right to strike, although not prohibiting strikes altogether, so as to ensure a minimum service in the services which include emergency medical aid, supply of electricity, heating and water services, air and railway traffic control, emergency services, etc. The Government points out that the list does not include ships at sea. According to the bill, the conditions for providing minimum services shall be determined in the presence of three parties – the representative of the Government and both parties to the labour dispute. If they fail to come to an agreement, a state conciliator shall process the issue. Should they fail to reach an agreement, the initiator of the strike shall have the right to appeal to court. Noting the Government’s indication that the amendments will be adopted in the end of 2005, the Committee requests the Government to provide the copy of the legislative text with its next report.