Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011, which refer 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. In this respect, the Committee had previously noted that a draft Public Service Act had been approved by the Government. It had also noted the Government’s indication that the draft legislation retained the prohibition on the right to strike of public servants, although by narrowly defining the term “public servant”, the legislation would ensure that 45 per cent of the current public servants would gain the right to strike. The Committee notes that in its report, the Government indicates that although the draft legislation had been successfully submitted to Parliament, due to the election that took place in 2011 the new Government would have to resubmit a new, slightly modified draft, to Parliament in August 2011. The Committee expresses the hope that the Government will take the necessary measures to ensure that the right to strike is guaranteed to all public servants, with the only possible exception of those exercising authority in the name of the State, and requests the Government to provide a copy of the Public Service Act once it is adopted.

The Committee had previously requested the Government to indicate the progress achieved in respect of the adoption of the list of services where the right to strike will be restricted (through a minimum service) as referred to in section 23(3) and (4) of the Collective Labour Dispute Resolution Act. The Committee notes the Government’s indication that it continues to evaluate national industrial relations legislation. The Committee reiterates its previous request and expresses the hope that the Government’s next report will contain progress achieved in this respect.