Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the Government’s reply to the comments made by the International Trade Union Confederation (ITUC) in a communication dated 26 August 2009, which refers to matters previously raised by the Committee.

The Committee recalls that for a number of years it had been raising the issue of the prohibition of the right to strike in the public service (section 21(1) of the Collective Labour Dispute Resolution Act), and had previously requested the Government to inform it of the progress achieved with respect to the adoption of legislative provisions ensuring the right to strike for public servants who do not exercise authority in the name of the State. The Committee takes note of the Government’s statement that it has approved the draft Public Service Act, which had been submitted to the Parliament and successfully underwent a first reading. The draft legislation retains the prohibition on the right to strike of public servants, but the term “public servant” would be more narrowly defined. The Government further indicates that, according to the explanatory memorandum to the draft Public Service Act, 45 per cent of the current public service would gain the right to strike. In these circumstances, the Committee, recalling that the right to strike may be restricted or prohibited only for public servants exercising authority in the name of the State, expresses the hope that the Public Service Act would ensure the right to strike in the public service in accordance with this principle and requests the Government to provide a copy of the said legislation once it is adopted.

In its previous comments, the Committee had requested the Government to provide the list of services where the right to strike will be restricted, as referred to in section 21(3) and (4) of the Collective Labour Dispute Resolution Act. In this regard, the Committee notes the Government’s statement that it has experienced problems establishing the list of enterprises and agencies wherein the right to strike will be restricted (through a minimum service), in accordance with section 21(4) of the said law, as the list must be based on the services provided by the enterprises or agencies and not on the names of the enterprises or agencies themselves. The Government further indicates that it has started to review the entire industrial relations field and that the current laws and regulations – including those concerning minimum services – needed to be analysed and discussed with the social partners before amendments could be introduced. The Committee notes this information and requests the Government to indicate the progress achieved in respect of the adoption of legislative provisions ensuring that the right to strike may be prohibited only in essential services in the strict sense of the term (i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and for public servants exercising authority in the name of the State.