Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(b). Other prohibited grounds of discrimination. Persons with disabilities. The Committee notes the measures adopted by the Government to support the education, training and employment of persons with disabilities. According to the Social Insurance Board, 102,863 persons with disabilities lived in the country in 2025. The Government reports that, in 2024, 33 per cent of persons with reduced work ability (aged 20–64) participated in lifelong learning and, and that among these persons the employment rate was 53 per cent. However, according to the 2025 report entitled Country Report: Non-discrimination of the European Network of legal experts in gender equality and non-discrimination of the European Commission, unemployment remains the key social issue: only 26 per cent of all persons with disabilities (aged 15–74) were employed in 2023, compared with 72 per cent of persons without disabilities. Regarding complaints, the Government indicates that labour dispute bodies do not collect disability-specific data. The Gender Equality and Equal Treatment Commissioner handled 21 disability-related enquiries in 2024, and the Labour Inspectorate identified two bullying cases related to disability over the past five years. The Committee asks the Government to provide:(i) information on measures adopted to address the remaining barriers persons with disabilities face in accessing training and employment in both the public and private sectors, as well as any assessment made of the impact of these measures;and (ii) updated data on the employment rates of persons with disabilities, disaggregated by sex, both in the public and private sectors.

Sexual harassment and other forms of harassment. Violence at work. The Committee notes that Article 11(1)(4) of the Gender Equality Act requires employers to ensure protection from gender-based harassment and sexual harassment in the working environment. It further notes the concerns of the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its 2024 concluding observations, regarding the high incidence of sexual harassment in the workplace and the prevalence of online violence and harassment against women in political and public life (CEDAW/C/EST/CO/7, 6 June 2024, paras 25 (d) and 31 (e)). The Committee asks the Government to provide information on: (i) the measures taken to prevent and address sexual harassment in the workplace, in particular by raising awareness of article 11(1)(4) of the Gender Equality Act; and (ii) any cases of sexual harassment or violence at work and in occupation addressed by labour inspectors, courts or other competent authorities, as well as penalties imposed and compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma people. The Committee notes the information provided by the Government on the measures taken to support Roma inclusion under Cohesive Estonia 2030 and related plans and welcomes initiatives such as training programmes and the establishment of the Roma Youth Centre in Valga with mentoring services. It also notes the data provided by the Government, including a 17.4 per cent employment rate for Roma aged 15–74 in 2024; education figures showing 60 Roma pupils in general education (44 studying in regular classes and 16 in special classes) and eight in early education; and the 2021 Census finding that 676 Roma people live in Estonia. The Committee asks the Government to: (i) continue to report on the new measures adopted, under Cohesive Estonia 2030 and related development plans, to promote equality of opportunity and treatment for Roma; and (ii) monitor the impact of its efforts to tackle discrimination against these groups. It also asks the Government to report on the participation of Roma, as well as other minority women, in education, training and employment promotion opportunities.

Equality of opportunity and treatment between men and women. The Committee notes that, according to the Labour Force Survey (2022–2024), the employment rate of women remained stable at 67 per cent between 2022 and 2024; but continued to be lower than that of men (71–72 per cent). Furthermore, occupational segregation persists: in 2024, men were significantly overrepresented in “craft and related trades workers” (24.7 per cent of employed men were involved such trade, compared to 3.4 per cent of women) and “plant and machine operators and assemblers” (15.3 per cent compared with 4.5 per cent of women), while women were more concentrated in “clerical support” (8.7 per cent of women compared to 4.9 per cent of men) and “service and sales workers” (19.5 per cent compared to 5.7 per cent of men) occupations. Women also remained under-represented in managerial positions (5.8 per cent compared to 8.9 per cent of men). The Committee further notes the Government’s efforts under the Welfare Development Plan 2023–30, implemented through four-year rolling programmes. Nevertheless, it notes the CEDAW’s concerns about: (1) the limited effectiveness of existing gender equality strategies; (2) women’s severe under-representation in managerial roles, digital governance, artificial intelligence, and entrepreneurship; and (3) the lack of measures to support women’s reintegration into the labour market after periods of unpaid care work. (CEDAW/C/EST/CO/7, paras 15(a), 31(b) and (d), and 35(a)). The Committee asks the Government to provide information on the measures taken or envisaged in order to address vertical and horizontal gender segregation in the labour market, including by promoting women’s participation in non-traditional fields of study and professions, and through addressing negative gender stereotypes surrounding the roles and aspirations of men and women in the society. It also asks the Government to provide information on: (i) the concrete measures taken and the results achieved under the Welfare Development Plan 2023–30 and any evaluation undertaken on its implementation; and (ii) statistics on the distribution of men and women, disaggregated by economic sector and occupation, both in the public and private sectors.

Convention No. 100 – Principle of equal remuneration between men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Government indicates that the gender pay gap continued to decline, reaching 13.1 per cent in 2023 and 13.2 per cent in 2024. Furthermore, according to Statistics Estonia, substantial sectoral gender pay gaps remained in 2024, including in financial and insurance activities (25.5 per cent), information and communication (24.4 per cent), wholesale and retail trade (23.5 per cent), human health and social work (20.7 per cent), and manufacturing (20.2 per cent). Conversely, women earned more than men only in transportation and storage, resulting in negative gender pay gap of 7.1 per cent. The Committee notes the Government’s reference to the Organization for Economic Co-operation and Development (OECD) findings that firm-level pay practices account for about half of the unadjusted gender pay gap, largely due to women’s concentration in lower-paying firms. The Committee notes that the Government has not provided information on concrete measures to address these underlying causes, including under the Welfare Development Plan 2023–30. The Committee asks the Government to intensify its efforts to effectively reduce the persistent gender pay gap and address its root causes, such as occupational gender segregation and gender stereotypes. It again asks information on: (i) specific measures and outcomes of activities undertaken in this regard, particularly within the framework of the Welfare Development Plan 2023–2030; and (ii) data on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Measures to promote equal remuneration. Pay transparency. The Committee notes that the Government is preparing draft legislation to transpose the Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (hereinafter “EU Pay Transparency Directive”). According to the Government, the forthcoming legislation will: (1) require employers to establish pay structures based on objective and gender-neutral criteria; (2) oblige employers to inform job applicants of pay levels or ranges before interviews; (3) grant workers the right to obtain information on average pay levels and gender pay gaps for those performing the same work or work of equal value; and (4) introduce gender pay gap reporting obligations, based on administrative data, for employers with at least 100 employees. The Committee asks the Government to provide updated information on the progress made in adopting legislative measures to strengthen pay transparency in the context of the transposition of the EU Pay Transparency Directive.

Article 3. Tools for the assessment of the gender pay gap and objective job evaluation. The Committee notes the Government’s indication that the digital pay gap tool “Pay Mirror” was launched in 2024 to help employers (with at least three men and three women) to identify gender pay gaps, including through indicators on average and median pay, pay quartiles, occupation-based comparisons and irregular pay. The Government adds that around 400 employers use the tool each month. The Committee also notes the ongoing PALK project to develop a voluntary job evaluation methodology and related guidance and training. In this regard, the Committee notes that, while Article 63 of the Civil Service Act establishes procedures and salary guides for determining salary components in the public sector, there are no equivalent legal criteria for determining work of the same or equal value in the private sector. In light of the persistent gender pay gap, the Committee asks the Government to provide information on: (i) the method and criteria currently used in the public sector to classify and rank jobs and positions; (ii) the implementation of the tool “Pay Mirror”, the results achieved at the workplace level, and its impact on the reduction of the gender pay gap; and (iii) any other steps taken to develop and implement objective job evaluation in the private sector and the results thereof.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication of the various activities undertaken by the Ministry of Economic Affairs and Communications to address occupational segregation, including training and awareness-raising on gender stereotypes. The Government also refers to public awareness activities on the gender pay gap, such as the observance of Equal Pay Day. While welcoming these initiatives, the Committee observes that the Government does not provide information on any actions undertaken in cooperation with employers’ and workers’ organizations, nor on any collective agreements containing provisions on equal remuneration for work of equal value. The Committee once again requests the Government to provide information on: (i) collective agreements in force containing clauses providing for equal remuneration for men and women for work of equal value, as well as the content of these clauses; and (ii) any actions undertaken, in cooperation with the social partners, to promote this principle. The Committee also asks the Government to provide information on any assessment of the impact of the above measures on the evolution of the gender pay gap in the country.

Conventions Nos   100 and 111 – Application in practice

Enforcement. Access to justice. The Committee notes the Government’s indication that the number of enquiries received by the Gender Equality and Equal Treatment Commissioner (GET), increased from 198 in 2023 to 230 in 2024, mainly concerning gender, disability and ethnicity. While the Government considers this rise a sign of greater visibility and trust in the GET, it also acknowledges that many enquiries fall outside the GET’s mandate due to the limited scope of the protected grounds under the Equal Treatment Act. The Committee also notes the gradual increase in the GET’s budget and planned reforms to strengthen equality bodies. In this regard, the Committee observes from the Country Report: Non-discrimination of the European network of legal experts in gender equality and non-discrimination of the European Commission, that discrimination litigation remains very limited, notably due to fear of stigmatization, low awareness of rights, weak remedies, and inconsistent application of the burden of proof. Further, the Committee notes the Government’s indication that labour inspectors do not yet supervise equal pay compliance and that no authority maintains specific statistics on gender pay dispute cases. Noting the low levels of reporting, the Committee asks the Government to provide information on: (i) the efforts made to build the capacity of labour inspectors, judges, and other relevant authorities with a view to enable them to detect discrimination and unequal pay cases and to impose dissuasive penalties; (ii) any awareness-raising measures to ensure that workers, employers and their organizations are informed of their rights and of available complaint mechanisms; and (iii) the number and nature of discrimination and gender pay inequality cases handled by labour inspectors, the GET, the Chancellor of Justice, the courts or any other competent authorities, including any sanctions imposed and remedies granted.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Articles 1, 2 and 3(b) of the Convention. Discrimination in employment and occupation. Legislation. The Committee notes with regret the Government’s indication that: (1) the draft Bill amending the Equal Treatment Act (ETA), which would have expanded protection against discrimination, has been withdrawn; and (2) that the process started in 2024 by the Ministry of Economic Affairs and Communications to merge the Gender Equality Act and the Equal Treatment Act, with a view to expand the list of protected grounds (such as origin and social status) and extend the scope of protection for all grounds to all areas of public life, has ceased. The Committee further notes the Government’s reference to constitutional guarantees of equality and its view that the Equal Treatment Act’s reference to “other beliefs” is understood to include political opinion. In this respect, the Committee recalls that constitutional provisions alone have generally not proven to be sufficient in themselves to provide effective legal protection from discrimination to individual workers (see 2012 General Survey on the fundamental Conventions, para. 851). It further notes the 2024 overview of the Chancellor of Justice, which reiterates that the Equal Treatment Act remains inconsistent with the Constitution and international treaties because it is limited to grounds covered by European Union (EU) directives, and regrets that long-standing amendments have not advanced despite several years of discussion. The Committee urges the Government to take the opportunity of any future revision of the Equal Treatment Act to explicitly prohibit in the national legislation discrimination based on at least all of the grounds listed in Article 1(1)(a) of the Convention, including political opinion and social origin, in all aspects of employment and occupation. The Committee expresses the firm hope that the Bill which has been under examination for a certain number of years, will be adopted in the near future and asks the Government to report on any progress achieved.

Article 1(1) and (2) and Article 2. Inherent requirements of the job. Language requirements. Ethnic and national minorities. The Committee recalls that the Language Act establishes language proficiency requirements for public servants and for employees in state, local government and monitored private or non-profit entities, and empowers the Language Board to enforce these requirements through compliance notices, examinations, fines and, proposals for termination (sections 30–32 and 37 of the Act). In its report, the Government maintains that these requirements are proportionate and applied equally to all workers, and cites support measures to help individuals meet the requirements, including free language courses, regular exams and targeted support for school-age refugees. The Committee recalls, however, that the concept of “inherent requirements of the job” must be interpreted strictly and assessed on a case-by-case basis so as to avoid undue limitations on equal opportunity and treatment for workers, including members of ethnic and national minorities. With respect to enforcement, the Committee notes the data, provided by the Government, indicating that in 2024 the Language Board imposed 175 non-compliance levies. While the number of levies declined compared with previous years (390 in 2022 and 380 in 2023), their average value increased (from 73 euros in 2022 to 144 euros in 2023). According to the Government, the higher levies were necessary because compliance rates remained low (15.4 per cent in 2024). The Committee nevertheless notes with concern the increased level of the sanctions.

With regard to education, the Committee observes the adoption, on 12 December 2022, of the Act on Amendments to the Basic Schools and Upper Secondary Schools Act and Other Acts (Transition to Estonian‑Language Education), which introduces major linguistic reforms in preschool, basic and upper-secondary education. It notes that the Act: (1) designates Estonian as the language of instruction in basic and upper‑secondary schools, allowing minority‑language or cultural studies only when at least ten students request them and for one extra hour per week (article 1(3)); (2) requires all preschool instruction to be in Estonian, with exceptions only for certain children with special needs upon extracurricular counselling team recommendation. (article 3 (1)); (3) permits limited subject matter teaching in another language only in English, French or German (article 1 (14)); (4) makes language proficiency a formal qualification requirement for school staff; (article 1(6) and (11)); and (5) authorizes the Language Board to issue compliance precepts and fines up to 9,600 euros (articles 1(8)-(9), 3(8)-(9) and 5(6)-(7)). The Committee considers that such restrictions on minority-language education may disproportionately and adversely affect the employment and occupational opportunities of minority-language groups, resulting in indirect discrimination on the basis of national extraction (General Survey of 2012, para. 764). It notes similar concerns raised by the United Nations (UN) High Commissioner for Human Rights (OHCHR) that the new law appears to severely restrict minority-language education, affecting significant Russian-speaking minorities, as well as recommendations of the Council of Europe Committee of Ministers calling for more flexible language requirements and the provision of high-quality minority-language education (press release, OHCHR, 17 August 2023; and CM/ResCMN(2023)5).

In light of the above, the Committee asks the Government to take measures with a view to: (i) ensure that the implementation of the Language Act and the Act on Amendments to the Basic Schools and Upper Secondary Schools Act and Other Acts (Transition to Estonian‑Language Education), or any other language-proficiency requirements or restrictions, do not lead to discrimination, direct or indirect, as regards the access of ethnic, national or linguistic minorities, including Russian-speaking communities, to all levels of education and employment; and (ii) assess its impact on the employment opportunities of minority workers. The Government is also asked to provide information on: (i) the percentage of men and women belonging to minority groups that have participated in the language training courses; (ii) the number and nature of cases in which sanctions were imposed on employers and employees for non-compliance of language proficiency requirements; and (iii) any cases of alleged discrimination based on these provisions, dealt with by the courts or any other competent body, including sanctions imposed and remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication, in its report, that according to Statistics Estonia, the gender pay gap in the average gross hourly earnings of women and men was estimated at 14.9 per cent, in 2021 (compared to 15.6 per cent in 2020). The Government adds that two factors have contributed to the continuing decrease of the gender pay gap over the years, namely a 52 per cent increase of the minimum wage between 2016 and 2022, as well as several steps taken to ensure adequate wages in female-dominated sectors. The Committee however observes that, according to Statistics Estonia, in 2021, the gender pay gap was still over 15 per cent in occupations where women are traditionally highly concentrated, such as administrative and support service activities and education. Furthermore, the gender pay gap remains high in several sectors, including financial and insurance activities (25.7 per cent), wholesale and retail trade (24.2 per cent), health and social work activities (23.8 per cent) and information and communication (23.5 per cent). The Committee notes the Government’s indication that the “Reducing the Gender Wage Gap” (REGE) Research Project, carried out from 2019 to 2022, was able to explain 40 per cent of the gender pay gap, and showed that individual characteristics, such as level of education, labour market status, age, and nationality, explain only a marginal share of the pay gap, while the average salary paid and the share of women employed by the employer play a more substantial role. Occupation and sector of economic activity are moderately important in explaining the gap. The Committee welcomes the adoption of the Welfare Development Plan for 2023-2030 which sets as a specific sub-goal the enhancement of gender equality and equal treatment, including by: (1) continuing to identify the causes of the pay gap and design measures to improve pay transparency; and (2) supporting employers with knowledge and user-friendly tools to identify and reduce the pay gap in their organizations. The Committee observes that the Plan acknowledges that although the gender pay gap has been on a downward trend over the last decade, it shows significant gender inequalities in the labour market and in the economic independence of women and men, with women being more likely to work in less valued and therefore lower paid occupations as a result of gender segregation in the labour market. In that respect, the Committee refers to its direct request on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). While welcoming the efforts made by the Government to reduce the gender pay gap, the Committee observes that the gender pay gap only declined in a limited manner over the past five years and remains very high. In that regard, the Committee notes that, according to Eurostat, the highest unadjusted gender pay gap in the European Union (EU) was still registered in Estonia, in 2021, being estimated at 20.5 per cent (compared to 12.7 per cent on average at EU level) and only slightly decreased by 1.3 percentage points since 2018. The Committee further notes that, in its 2020 conclusions, the European Committee of Social Rights (ECSR) concluded that the situation in Estonia was not in conformity with article 20(c) of the European Social Charter on the ground that sufficient measurable progress in respect of the obligation to promote the right to equal pay was not achieved. In light of the persistently high gender pay gap, the Committee asks the Government to strengthen its effortsin order to identify and address the underlying causes of the gender pay gap, such as occupational gender segregation and gender stereotypes. It asks the Government to provide information on: (i) any measures implemented to that end, in particular in the framework of the Welfare Development Plan 2023-2030, and their impact; (ii) the earnings of men and women, in both the public and private sectors, disaggregated by economic sector and occupation, if possible; and (iii) any statistical data or study available on the gender pay gap.

Measures to promote equal remuneration. Pay transparency. The Committee notes the Government’s statement that amendments to the Gender Equality Act (GEA), that would have obliged employers in the public sector to carry out equal pay audits, were submitted to Riigikogu (the Parliament) but dropped from the proceedings due to expiry of the mandate of the Parliament in February 2019. The Committee however notes that a digital tool for analysing the gender pay gap, known as the “Palgapeegel” (“Pay Mirror”) platform is being developed, in collaboration with Statistics Estonia, and should be ready for use in 2024. The Committee observes that the Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (“EU Pay Transparency Directive”) entered into force on 6 June 2023, and that EU Member States must implement it within three years. In this regard, it notes the Government’s statement that amendments to the GEA are planned to be introduced in line with the EU Directive. The Committee also notes that the Government’s Action Plan for 2021-2023 formally includes a task for the Minister of Social Protection to present to the Government amendments to the GEA aimed at reducing the gender pay gap. The Committee asks the Government to provide information on any developments, including legislative developments, introduced to improve pay transparency, in particular in the context of the transposition of the EU Pay Transparency Directive. Noting that the Government intends to develop further voluntary approaches to help employers identify and correct pay gaps, the Committee asks the Government to provide information on any progress made in this regard, in particular regarding the “Pay Mirror” platform, including with a view to implementing section 11(2) of the Gender Equality Act.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes with regret the repeated lack of information provided by the Government in that regard. The Committee observes that the number of workers covered by collective agreements remains low, being estimated at 13.3 per cent in 2018. In light of the persistent and wide gender pay gap, the Committee draws the Government’s attention to the important role to be played by the social partners in giving effect in practice to the principle of the Convention. The Committee asks the Government to provide information on: (i) any actions undertaken to promote the implementation of the principle of equal remuneration for men and women for work of equal value, with the cooperation of the employers’ and workers’ organizations, and the results of such initiatives; and (ii) the number of collective agreements in force containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s indication that the number of cases regarding gender-based discrimination in employment remains low and that no court decision has been issued regarding more specifically, cases of unequal remuneration between men and women for equal work or work of equal value. The Committee notes the Government’s statement that amendments to the Gender Equality Act that would have given the Labour Inspectorate the mandate to monitor the observance of the principle of equal pay by employers in the public sector were submitted to Parliament but dropped from the proceedings due to expiry of the mandate of the Parliament in February 2019. Taking note of this information, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee asks the Government to provide information on: (i) the proactive measures taken to raise public awareness of the principle of the Convention, the procedures and remedies available; (ii) the impact of such measures on the persistent wage disparities between men and women; and (iii) the number of cases of gender pay inequality dealt with by the labour inspectors, the Gender Equality and Equal Treatment Commissioner, the Chancellor of Justice, the courts or any other competent authority, specifying any sanctions imposed and remedies granted.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(1)(b) of the Convention. Additional ground of discrimination. Persons with disabilities. The Committee notes that, in its 2021 concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concerns about: (1) the slow progress towards achieving inclusive education and the prevalence of special schools and classes; (2) the prevalence of sheltered employment preventing persons with disabilities from entering inclusive work environments; (3) the lack of measures taken to ensure access of persons with disabilities to the open labour market; (4) the attitudinal barriers deterring employers from hiring persons with disabilities and the physical barriers in the work environment, in particular the reported lack of accessible transportation and accessible information, including for job seekers; and (5) the lack of a comprehensive strategy against all forms of exploitation, violence and abuse against persons with disabilities, in all settings, including at school and in the workplace (CRPD/C/EST/CO/1, 5 May 2021, paragraphs 30, 32, 46 and 52). The Committee asks the Government to provide information on: (i) any measures taken to facilitate access to education and vocational training and promote employment opportunities for persons with disabilities, in particular in the open labour market; (ii) the participation rates of men and women with disabilities in education, vocational training and employment, both in the public and private sectors; and (iii) any complaints regarding employment discrimination based on disability dealt with by the labour inspectors, the courts or any other competent authorities, and their outcomes.

Article 1(1) and (2) and Article 2. Inherent requirements of the job. Language requirements. Equal opportunity and treatment. Ethnic and national minorities. The Committee notes that, according to Statistics Estonia, in 2021, the ethnic distribution of the Estonian population included 69 per cent of Estonians, 24 per cent of Russians, 2 per cent of Ukrainians and other ethnic groups represented in a smaller proportion. It notes the Government’s indication, in its report, that the “Cohesive Estonia Strategy 2030”, approved in November 2021, aims at ensuring a cohesive and inclusive society and acknowledges that one of the reasons of persistent inequalities is insufficient Estonian language training at different levels of education, which does not help to ensure adequate language proficiency and therefore leads to language-based segregation in education and the labour market. In this regard, the Committee notes the Government’s indication that: (1) several language-learning activities have been implemented by the Integration Foundation; (2) the Estonian Diversity Charter has been signed by 144 companies and institutions in the private and public sectors; and (3) the Diverse Workplace Label has been awarded to 32 organizations.

The Committee notes however that, as a result of amendments to the Language Act that entered into force in 2020, the Language Inspectorate was replaced by the Language Board which is now competent for checking the compliance with the Estonian language proficiency requirements in the public and private sectors. It notes, more particularly, that the Board has the right to: (1) make a proposal to an employer or to a person who is in charge of appointing public servants. to terminate an employment contract or to release a public servant from office, if the employee or the public servant does not know Estonian at required levels; (2) refer an employee or civil servant whose language proficiency is not in compliance with the requirements to the language proficiency examination; or (3) issue precepts to public or private employers or their employees for the termination of the violation of the language proficiency requirements. Upon a failure to comply with such precepts, the Board can apply fines to such entities or employees. Failure by an employer to apply the language proficiency requirements is also punishable by a fine (sections 30 to 32 and 37 of the Act). Observing the repeated lack of information provided by the Government on the application in practice of the Language Act and Regulation No. 84 of 2011, which provide that language requirements are determined in accordance with the nature of work and the language situations of the job or position, the Committee notes with concern that, as a result of the amendments introduced in 2020, punitive measures upon inspecting language proficiency of employees can be imposed on both employers and employees by the Language Board. In that regard, the Committee notes that, in its 2022 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern about: (1) the continued reliance on punitive elements in Estonia’s approach to the promotion of the official language, particularly in the realm of employment; and (2) the discrepancies between the employment and income levels of the Estonian and non-Estonian populations, including as a result of language proficiency (CERD/C/EST/CO/12-13, 26 May 2022, paragraphs 18 and 24). The Committee also notes that, in its 2022 report, the European Commission against Racism and Intolerance (ECRI) noted with concern that despite the education level of the Russian minority tending to exceed that of the general population, reports suggest that the performance gap between Estonian and Russian schools persists, worsening regional disparities and hindering mobility across the country because of the language barrier (ECRI, sixth monitoring cycle, 9 June 2022, paragraph 75). Recalling that the concept of inherent requirements must be interpreted restrictively and on a case-by-case basis so as to avoid an undue limitation of the protection against discrimination provided by the Convention, the Committee again asks the Government to provide information on: (i) the measures taken to ensure that language requirements do not lead to discrimination on the basis of race, colour, national extraction or social origin, in practice, in the access of ethnic and national minorities, in particular Russian-speaking minorities, to employment and occupation, both in the private and public sectors; (ii) any assessment undertaken, including in cooperation with the social partners, on the impact of language proficiency requirements on ethnic and national minorities’ access to employment and occupation; and (iii) the enforcement of Regulation No. 84 of 2011 under the Language Act, including the number and nature of cases in which sanctions were imposed on employers and employees for non-compliance of language proficiency requirements. The Committee also asks the Government to provide information on any measures implemented to ensure equality of opportunity and treatment in education, training and employment of ethnic and national minorities, including by addressing stereotypes and promoting tolerance, in the framework of the Cohesive Estonia Strategy 2030 or otherwise, and the results thereof.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma people. The Committee notes that, in its 2022 report, the ECRI highlighted the lack of reliable data on the living conditions of the Roma and the challenges the community experiences in access to their basic rights, including education and employment (ECRI, 2022, paragraph 102). The Committee asks the Government to provide information on: (i) the measures taken to ensure equality of opportunity and treatment in education, training and employment for Roma people; and (ii) the participation rates of Roma people in education, and professional and vocational training courses, including their placement in “special” schools, as well as in the labour market.

Equality of opportunity and treatment between men and women. The Committee notes that, according to data from Statistics Estonia, the labour participation rate of women (67.8 per cent) remained substantially below than those of men (74.6 per cent) in 2021. Management positions in the private sector are still mainly occupied by men (64 per cent). With regard to occupational gender segregation, the Committee refers to its direct request on the application of the Equal Remuneration Convention, 1951 (No. 100) regarding the wide and persistent gender pay gap. The Committee notes the Government’s indication that: (1) several awareness-raising activities, including television series, radio shows and study materials for teachers and career counsellors, have been undertaken to address gender stereotypes and segregation in education and the labour market; (2) several projects are being elaborated with a specific focus on increasing the share of women in non-traditional fields of education and will be implemented between 2023 and 2029; and (3) the Welfare Development Plan for 2023-2030 sets as a specific sub-goal the enhancement of gender equality and equal treatment, while acknowledging that Estonia is still characterised by a high degree of vertical and horizontal occupational gender segregation, as well as persistent gender stereotypes about men’s and women’s occupational choices and roles in the society and the family. The Committee welcomes the adoption of several amendments, which entered into force in April 2022, to the national legislation with the aim of encouraging more parents to combine work and family life and especially fathers to increase their share in care responsibilities, namely: the increase in the length of paternity leave from 10 to 30 days; the allowance of 19 months of parental leave for fathers until the child turns three years old; and the right of employees to request opportunities for reconciliation of work and family life, including flexible working arrangements. The Committee asks the Government to strengthen its efforts to address vertical and horizontal occupational gender segregation and to enhance women’s access to a wider range of jobs and higher-level positions, including through measures aimed at combatting gender stereotypes. It asks the Government to provide information on: (i) any measures implemented to that end, including in cooperation with the social partners, in particular to raise awareness about gender inequalities and stereotypes; (ii) any measures implemented to encourage girls and women to choose non-traditional fields of study and professions, including in the framework of the Welfare Development Plan for 2023–30, and their results; and (iii) the participation of men and women in education, training and employment, both in the public and private sectors, disaggregated by occupation and economic sector.

Enforcement. The Committee notes from the Government’s report that: (1) the number of cases regarding discrimination in court remains low; and (2) among the 102 complaints for discrimination in employment received by the Gender Equality and Equal Treatment Commissioner (GET), in 2021, 41 cases (that is, namely 40 per cent) referred to discrimination based on gender, while 7 cases referred to discrimination based on nationality and 5 cases to discrimination based on disability. The Committee however observes that: (1) in its 2022 report, the ECRI highlighted the need to allocate sufficient human and financial resources to the GET (ECRI, sixth monitoring cycle, paragraphs 4 and 5); and (2) the CERD also expressed concern that awareness among the population at large about equal treatment legislation and the available remedies remains insufficient (CERD/C/EST/CO/12-13, 26 May 2022, paragraphs 8 and 10). The Committee asks the Government to take steps to raise public awareness of the relevant legislative provisions, the procedures and the remedies available. It also asks the Government to provide information on: (i) any steps taken or envisaged to ensure that the GET is provided with sufficient human and financial resources to be in a position to effectively fulfil its mandate; and (ii) the number and nature of cases of discrimination in employment and occupation dealt with by the labour inspectors, the GET, the courts or any other competent authorities, including information on sanctions imposed and remedies granted.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. Protection against discrimination. Legislation. The Committee notes the Government’s indication, in its report, that: (1) in January 2022, a Bill amending the Equal Treatment Act (ETA) was approved by the Government and succeeded in the first reading in Riigikogu (the Parliament); and (2) amendments were being prepared for the second reading in Parliament. It notes that the Bill aims at widening the scope of protection against discrimination on the grounds of religion or belief, disability, age and sexual orientation to the same level as it is currently on the grounds of nationality (ethnic origin), race or colour, for which protection against discrimination not only covers access to employment, occupation and vocational training, as well as working conditions, but also social protection (including social security and health care and social advantages) and education (sections 2(1)(5) and (6) of the ETA). Welcoming this information, the Committee however notes the repeated lack of information provided by the Government on any steps envisaged, in law or in practice, to address discrimination on the grounds of political opinion and social origin. The Committee therefore asks the Government to take steps, in particular in the context of the revision of the Equal Treatment Act, to explicitly prohibit in the national legislation discrimination based on at least all of the grounds listed in Article 1(1)(a) of the Convention, including political opinion and social origin, in all aspects of employment and occupation. It asks the Government to provide information on any progress made in that regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Gender pay gap. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication in its report that the gap between gross hourly wages and salaries of women and men has increased from 22.9 per cent in 2011, to 24.8 per cent in 2013. It notes that in 2013, the largest gap could be found in financial and insurance activities (41.8 per cent) and that it was more than 30 per cent in mining and quarrying, wholesale and retail trade, manufacturing, and information and communication. The smallest gap (-0.2 per cent in favour of women) could be found in transportation and storage, but it was still over 10 per cent in favour of men in agriculture, forestry, fishing, public administration, and compulsory social security. The Government indicates that the Action Plan for Reducing the Gender Pay Gap, approved in 2012, aims at improving the implementation of the Gender Equality Act and possibilities for reconciling work and family, promoting gender mainstreaming, reducing gender segregation and analysing pay systems in the public sector. The Committee notes the various activities carried out under the Promoting Gender Equality 2011–13, Programme and the Gender Equality and Work–Life Balance Programme, including a project aimed at developing a new concept for gathering and analysing gender pay gap statistics by Statistics Estonia. It also notes that the Ministry of Social Affairs was given the task of developing an action plan in the areas of social security, inclusion and equal opportunities for 2016–23, which is also expected to target the causes of the gender pay gap, and which was to be approved in November 2015. The Committee welcomes the measures taken to promote equal remuneration but notes that the gender pay gap remains high and emphasizes the importance of reviewing the measures taken and evaluating their impact on the gender pay gap. The Committee asks the Government to increase its efforts to reduce the gender pay gap, and to provide information on specific measures taken, and results achieved, to this end under the Action Plan for Reducing the Gender Pay Gap and the Action Plan in the areas of social security, inclusion and equal opportunities, as well as under the Gender Equality and Work–Life Balance Programme. The Committee specifically requests information on the progress made towards improving gender pay gap statistics and on the impact of the programme implemented by the Gender Equality and Equal Treatment Commissioner on the practical application of the principle of equal pay for work of equal value.

Article 2. Collective agreements and the role of the social partners. The Committee previously noted that the number of employees covered by collective agreements is low, that agreements do not contain specific provisions on equal pay and that the determination of wages is often made through individual negotiations. It further notes the Government’s indication that collective agreements must be registered in the Estonian Collective Agreements Register and that currently, there are 43 collective agreements that include provisions on equal treatment of employees and prohibition of discrimination, without indicating whether these concern equal pay. The Government also indicates that the Network for Promoting Gender Equality in Working Life has been inactive during the reporting period. Reiterating the important role that the social partners can play in addressing the gender remuneration gap, the Committee asks the Government to take measures to promote effectively the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations. The Committee asks the Government to provide information on any steps taken, in cooperation with the social partners, towards including equal remuneration clauses in collective agreements.

Equal pay audits. The Committee notes that according to Article 11(2) of the Gender Equality Act “an employer shall collect sex-disaggregated statistical data concerning employment that allow, if necessary, the relevant institutions to monitor and assess whether the principle of equal treatment is complied with in employment relationships”. The Committee welcomes and encourages measures requiring information on pay differentials as a means of ensuring transparency, monitoring the pay gap, and as a basis for remedial actions, including through the development of a plan addressing equal pay (see 2012 General Survey on the fundamental Conventions, paragraph 723). The Committee asks the Government to provide information on the practical application of Article 11(2) of the Gender Equality Act, including whether gender disaggregated pay data is included in the reporting obligation, the level of compliance with the obligation by employers and how the information is used by the relevant institutions, including the Gender Equality and Equal Treatment Commissioner in performing their mandate to monitor compliance with the Gender Equality Act.

Enforcement. The Committee notes from the Government’s report that the number of complaints submitted to the Gender Equality and Equal Treatment Commissioner has more or less remained the same. In 2014, three complaints were made to the Commissioner related to equal pay. Two complaints concerned situations where a woman returning from childcare leave was either offered a lower post and pay or denied upgrading of her post, although entitled to it. The Committee notes the project carried out during 2013–15, by the Gender Equality and Equal Treatment Commissioner aimed at raising awareness and helping victims of discrimination directly through litigation as well as increasing the capacity of officials assisting discrimination victims. The Government also indicates that widening the mandate of the labour inspectorate to include inspection of observance of the principle of equal pay by employers is on the Government’s agenda and that the relevant draft is expected to be finalized in May 2016. The Committee asks the Government to indicate if the reasons for the low number of equal pay complaints have been investigated and provide information on any measures taken in this respect, as well as of the outcome of the project by the Gender Equality and Equal Treatment Commissioner on improving legal protection. It also requests information on any steps taken to widen the mandate of the labour inspectorate to include inspection of observance of the principle of equal pay by employers. The Committee asks the Government to continue providing information on complaints submitted to the Gender Equality and Equal Treatment Commissioner, or the labour dispute committees. It also requests the Government to continue providing detailed information on the existing jurisprudence concerning the equal pay provisions in the Gender Equality Act, including how work of equal value is assessed.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls its previous comments regarding the protection against discrimination in the Equal Treatment Act of 2008 based on national extraction, social origin and political opinion, and with regard to all aspects of employment, including education and social protection. The Committee notes the Government’s indication in its report that the prohibited ground of “nationality (ethnic origin)” in the Equal Treatment Act of 2008 covers distinctions based on place of birth, ancestry or foreign origin, and that the Ministry of Social Affairs has initiated the amendment of the Equal Treatment Act to strengthen the legal protection of discrimination under all grounds mentioned in the Act equally. The Government further indicates that, in light of the adoption of Directive 2014/54/EU on 16 April 2014 by the European Parliament and the Council on measures facilitating the exercise of rights conferred on workers to ensure better application at the national level of EU citizens’ right to work in another Member State, the Equal Treatment Act of 2008 will be amended to include “EU citizenship” as a protected ground of discrimination under section 1(1) of the Act. With respect to the public service, the Committee notes that section 13 of the Public Service Act of 2012 only provides in general terms that the authorities have to ensure protection against discrimination of the persons who apply to take up the service and of those who are employed in the service, follow the principle of equal treatment and promotion of equality. The Committee asks the Government to provide information on the progress made in amending the Equal Treatment Act, both in relation to extending the scope of protection to all aspects of employment and all the grounds of discrimination set out in Article 1(1)(a) of the Convention, as well as in relation to the inclusion of “EU citizenship” as a prohibited ground of discrimination. Please provide information on the practical application of the protection against discrimination on all grounds enumerated in Article 1(1)(a) of the Convention, including national extraction, political opinion and social origin, in the public and private sectors.

Article 1(2). Inherent requirements of the job. Language requirements. The Committee recalls its previous comments concerning the Language Act of 2011 which makes Estonian language proficiency a legal requirement for employees in the public and private sectors. Regarding language proficiency in the public sector, the Government indicates that such proficiency is required from employees of the public sector only at a level that is necessary to perform their employment duties (section 23(1)). With respect to the private sector, the Government refers to sections 2(2) and 23(2) of the Language Act which provide for the establishment of language proficiency requirements, if justified in the public interest, and which provide that requirements should be justified and proportional to the objective being sought and not distort the nature of the rights that are restricted. The Government further indicates that the language proficiency levels required for various categories of employees is regulated under Regulation No. 84 which provides that language requirements are determined in accordance with the nature of work and the language situations of the job or position. The Committee recalls that the language inspectorate can request employees who do not meet the proficiency levels to take the language proficiency examination (section 6(2) of the Language Act). In this regard, the Government indicates that the examination required of employees is directly related to the level of proficiency necessary for the job. The Committee notes the statistical information provided by the Government on assessments conducted by the language inspectorate in 2014 indicating that most inspections were conducted in the public sector and that 84.6 per cent of the total cases assessed were violations of the Language Act. Recalling that, under the Language Act, long-term and repeated violations of the language proficiency requirements were punishable by a fine (section 26-4), the Committee welcomes the Government’s indication that on 1 January 2015, an amendment to the Language Act entered into force, following which the language inspectorate has started to implement only non-punitive measures upon inspecting language proficiency of employees. While noting that language proficiency requirements are set at the level required for specific jobs, the Committee reiterates its request to the Government to indicate measures taken to ensure that workers from ethnic and national minorities are protected, in practice, against discrimination in employment and occupation as a result of such requirements. In this context, the Committee encourages the Government, in cooperation with the social partners, to undertake an investigation into the effect of language proficiency requirements on ethnic and national minorities’ access to employment and occupation, and to continue to provide information on the enforcement of Regulation No. 105 of 2008 under the Language Act, including the number and nature of cases in which sanctions were imposed for non-compliance, as well as any recourse or remedial procedures provided for in the cases of violation. The Committee further asks the Government to indicate how the effect of language proficiency requirements on ethnic and national minorities is being taken into account in the new Integration Strategy (2014–20).

Article 2. Measures to promote equality of opportunity and treatment for ethnic and national minorities. The Committee notes the Government’s indication that immigrant women tend to work in positions for which they are over-qualified and that many more immigrant women work in low-paid positions than native Estonian women. The Government provides information on various activities carried out with the aim of promoting equality of opportunity and treatment in employment and occupation, including under the “Diversity Enriches” project, which focuses on raising awareness on all grounds of discrimination referred to in the Equal Treatment Act. The Government further indicates that a new Strategy for Integration and Social Cohesion has been drafted for the period 2014–20 and a trilingual web portal was created to inform and engage the wider public. With respect to access to education and vocational training, the Committee notes the Government’s indication that the Vocational Education Institutions Act entered into force in 2013 and sets the goal of 60 per cent of instruction in all vocational secondary education programmes to be carried out in Estonian by 2020. The Government also indicates that for vocational education and training (VET) purposes, students that lack sufficient Estonian language skills to begin vocational studies are considered to have special educational needs (SEN) and VET institutions are obligated to support their SEN students through measures such as implementing individual curriculums or providing additional language training. The Committee encourages the Government to pursue efforts to address the discrepancies between the employment and income levels between the Estonian and non Estonian population, and to provide information on the rate of participation of different ethnic and national minority groups disaggregated by sex in education and various vocational training programmes and the rate of completion of such programmes. Please indicate whether other steps are being taken to ensure that national and ethnic minority groups enjoy equality of opportunity and treatment in relation to employment and occupation, including access to education and vocational training. The Committee further requests the Government to provide information on specific measures taken under the Strategy for Integration and Social Cohesion and provide an assessment of the results achieved.

Measures to promote gender equality. Noting the persistent gender-based occupational segregation and prevailing gender stereotypes about the roles of women and men at work and in the family, the Committee requested the Government to continue to take measures to overcome such stereotypes and to promote women’s and men’s access to a wider range of occupations and industries. The Committee notes from the recent statistics included in the Government’s report the continued gender segregation in the labour market and the very large employment gap between men and women with young children in comparison to men and women without children. The Government indicates that a gender equality and work–life balance programme is being implemented between 2012 and 2016, and that the Ministry of Social Affairs is developing an action plan in the areas of social security, inclusion and equal opportunities (2016–23), which includes aspects of gender equality. The Committee also notes that, an assessment of the needs as well as possible options for supporting change in the existing sharing arrangements of care responsibilities between women and men has been addressed in a Green Paper on family benefits, services and parental leave, and that policy proposals based on the Green Paper were submitted to the Government in autumn 2015. The Committee welcomes the establishment of the Gender Equality Council in 2013, which is set forth in the Gender Equality Act and functions as an advisory body to the Government on matters relating to strategies for the promotion of gender equality. In 2014, the Council ordered a thorough analysis of the implementation of the Gender Equality Act to be carried out in 2015–16, and presented to the new Parliament recommendations for the Government on promoting gender equality between 2015 and 2018. The Committee emphasizes the importance of reviewing periodically gender equality measures in order to ascertain their impact on gender equality and asks the Government whether efforts have been made to review and assess the impact of the plans and programmes to promote gender equality regarding the gender segregation of the labour market and men’s and women’s access to a wider range of occupations and industries. The Committee also requests information on activities carried out under the work–life balance programme and the action plan developed by the Ministry of Social Affairs and the impact thereof. Please continue to provide information on the activities of the Gender Equality Council, and their impact on government actions and policy. The Committee asks the Government to provide information on the results of the analysis of the implementation of the Gender Equality Act and on the status of the policy proposals based on the Green Paper on family benefits, services and parental leave.

Enforcement. The Committee notes that the number of complaints and requests for information submitted to the Gender Equality and Equal Treatment Commissioner (192) was 64 per cent higher than in 2013. Of these 192 cases, 89 concerned discrimination in labour relations, mostly concerning discrimination based on gender but also age, disability and race. Twelve complaints concerned multiple discrimination. Out of all the complaints and requests received, the Commissioner confirmed that 39 cases were based on prohibited grounds of discrimination. The Committee further notes the Government’s indication that the amount of compensation to victims of discrimination ordered by the Labour Dispute Committee has grown steadily over the years and that in 2014, the total amount of compensation to victims of discrimination was €71,000. Please continue providing information on the number, the grounds of discrimination invoked and the outcome, including the sanctions imposed and remedies granted, of discrimination cases dealt with by the Gender Equality and Equal Treatment Commissioner, the Chancellor of Justice and the courts. The Committee reiterates its request to the Government to indicate whether the labour inspectorate is authorized to supervise the application of section 3 of the Employment Contracts Act of 2008, which provides for the employers’ obligation to ensure the protection of employees against discrimination.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 2 of the Convention. Legislation. The Committee recalls section 6(2)(3) of the Gender Equality Act as amended on 24 September 2009, which refers to the equal remuneration for “the same work or work to which equal value is attributed”. The Committee notes the Government’s indication that the Gender Equality and Equal Treatment Commissioner in her opinion in 2009 took into account the following factors when comparing the value of work in a public sector: official title, short description of the work performed, tasks, and the salary grade. However, the jurisprudence concerning the equal remuneration provision of the Gender Equality Act is yet to be established. The Committee asks the Government to continue to provide information on the practical application of the equal remuneration provisions of the Gender Equality Act, including information on the number and the outcome of the applications regarding equal remuneration made to the Gender Equality and Equal Treatment Commissioner and on any relevant judicial decisions.

Gender pay gap. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that according to Statistics Estonia in 2010 the average gross hourly earnings was €5.44 for male workers and €4.17 for female workers. According to the study on the “Gender Pay Gap in Estonia” carried out during 2009–10, the general gender pay gap, taking real wages as the basis, was during 2000–08 an average of 28.6 per cent; the unexplained wage difference constituting approximately 85 per cent of the gender pay gap, increased during 2000–08. The gender pay gap has increased during 2006–08 compared to the previous years. With regard to the project and study concerning the gender pay gap, the Committee notes the Government’s information that the Promotion of Gender Equality Programme (2011–13) is being implemented. The Committee notes the Government’s indication that following the above study on the gender pay gap, an Action Plan for Reducing the Gender Pay Gap will be proposed to the Parliament in autumn 2012. Noting the widened gender pay gap, the Committee asks the Government to pursue its efforts to promote equal remuneration for men and women for work of equal value, and to provide information on the results achieved under the Promotion of Gender Equality Programme (2011–13). It also asks the Government to provide information on the status of the Action Plan for Reducing the Gender Pay Gap, as well as on the specific measures taken under this Action Plan. Please continue to provide updated statistical information on the earnings of men and women, in order for the Committee to assess the evolution of the gender pay gap.

Collective agreements and the role of the social partners. The Committee recalls the Estonian Network of Promoting Gender Equality, which was established in 2008. It notes the Government’s indication that the network meets twice a year to discuss recruitment and wage policies in member organizations, and that the member organizations have participated in seminars, round tables and conferences organized by the Ministry of Social Affairs, whose topics include gender equality in the organization. The Committee also notes the Government’s indication that there is no specific provision on pay equality in most collective agreements. The Committee asks the Government to provide information on the activities carried out by the network among the social partners for promoting gender equality in the field of remuneration, and their impact on the inclusion of any clauses providing equal remuneration for men and women for work of equal value in collective agreements.

Enforcement. The Committee notes the Government’s indication that in a case in which a woman who had returned to her previous job after taking childcare leave had been treated by an employer as a new employee, the Gender Equality and Equal Treatment Commissioner concluded in February 2012 that the employer had discriminated against the complainant based on gender. It also notes the Government’s indication that three complaints in 2011 and four complaints in 2012 concerning equal pay were lodged before the Commissioner. The Committee also notes the Government’s indication that four regional seminars were held in April 2012 to raise awareness among representatives of private companies about the existence and causes of the high gender pay gap. The Committee asks the Government to continue to provide information on the measures taken, with the cooperation of the social partners, to promote training or awareness-raising activities among those responsible for enforcing the principle, as well as workers and employers and their organizations regarding the principle of the Convention. Please also continue to provide information on any complaints submitted to the Gender Equality and Equality Treatment Commissioner, or the labour dispute committees, regarding the principle of equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls the anti-discrimination provisions of the Equal Treatment Act of 2008 and the Public Service Act of 1995. The Committee notes the Government’s information submitted under the Equal Remuneration Convention, 1951 (No. 100), that the new Public Service Act was adopted in June 2012, and will enter into force on 1 April 2013. The Government indicates that a reference to equal treatment between men and women in the new Public Service Act is only made in a section which provides that public offices shall ensure the protection of the public against discrimination. The Committee also notes the Government’s indication that the term “religious or other beliefs” of the Equal Treatment Act covers all possible views and ideas that a person may have. However, in order to bring it into conformity with section 12 of the Constitution which prohibits discrimination based on political or other beliefs, the Chancellor of Justice suggested that the Ministry of Social Affairs initiated amending the Equal Treatment Act. The Committee also notes that the Government did not provide any information on the measures taken or envisaged in law or in practice to address discrimination on the ground of social origin. With respect to the ground of “nationality (ethnic origin)”, the Committee notes the Government’s indication that the term nationality is unambiguously connected with ethnic origin, and that less favourable treatment of a person with the same citizenship but different ethnic origin would be considered direct discrimination under the Equal Treatment Act. Recalling that national extraction also covers distinctions on a person’s place of birth, ancestry or foreign origin, the Committee asks the Government to confirm that discrimination based on “nationality (ethnic origin)” covers such distinctions. The Committee also asks the Government to provide information on any progress made with regard to including the explicit prohibition of discrimination based on political opinion and social origin in employment and occupation in its legislation, including the Equal Treatment Act and the Public Service Act. It further asks the Government to take the necessary measures to ensure protection against discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention in law and in practice, including political opinion and social origin. Please forward a copy of the Public Service Act of 2012.

All aspects of employment. The Committee notes the Government’s indication that an internal inter-ministerial non-formal working group has been set up in order to ensure the prohibition of discrimination on all the grounds enumerated in the Equal Treatment Act in all aspects of employment, including education and social protection. The Committee asks the Government to provide detailed information on the activities of the internal inter-ministerial non formal working group, and the results achieved.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes the Government’s indication concerning section 2(3) of the Equal Treatment Act that the grounds listed in the Equal Treatment Act are not exhaustive, and that the application of other Acts prohibiting discrimination based on other grounds are not precluded. The Committee asks the Government to provide information on the practical application of section 2(3) of the Equal Treatment Act, including any relevant judicial decisions concerning discrimination on the grounds of family-related duties, social status, representation of the interests of employees or membership in an organization of employees, level of language proficiency or duty to serve in defence forces.

Article 2. Measures to promote gender equality. The Committee notes the information provided by the Government on various activities carried out under the Promotion of Gender Equality Programme (2008–10), including publications, awareness-raising campaigns, and the Gender Equality Monitoring Survey Report in 2012–13. A report of the survey entitled “Gender Equality and Inequality: Attitudes and Situation in Estonia in 2009” shows that in Estonia’s labour market, there is a firmly established division between female and male occupations and industries, as well as perpetuated gender stereotypes. With regard to the implementation of the Gender Equality Act, the Committee notes that the Promotion of Gender Equality Programme (2011–13) is being implemented, and includes a media campaign to address gender stereotypes, and training for lawyers, judges, members of labour dispute committees and law faculty members on the implementation of the Gender Equality Act. The Committee also notes the Government’s indication that five ministries have not yet conducted a gender impact analysis. However, there is no overview of any measures taken by the State and local government agencies or employers to promote gender equality, or temporary special measures according to sections 9, 11, and 5(2)(5) respectively, of the Gender Equality Act. Recalling the persistent gender-based occupational segregation and gender stereotypes about the roles of women and men at work and in the family, the Committee asks the Government to continue to take measures to overcome stereotypes and to promote women’s and men’s access to a wider range of occupations and industries. It also asks the Government to provide information on the implementation of the Gender Equality Act and the Promotion of Gender Equality Programme 2011–13, including practical measures taken by the State and local government agencies and employers, or any special temporary measures, as well as their impact on the situation of women and men in the labour market. Please also continue to provide statistical information on the participation of men and women in the labour market, according to industry and occupation.

Article 1(2). Inherent requirements of the job. The Committee recalls that the exception under Article 1(2) of the Convention must be interpreted restrictively, and any limitation must be required by the characteristics of the particular job, in proportion to its inherent requirements (General Survey on fundamental Conventions, 2012, paragraphs 827 and 828). The Committee also recalls Regulation No. 105 of 26 June 2008, made under the Language Act, which provides for the required language proficiency level for public servants, employees of state agencies administered by government agencies and of local government agencies, etc., as well as for employees of companies and non-profit organizations. The Committee notes that under the Language Act, the language inspectorate has the right to check the knowledge of the Estonian language of public servants, employees and self-employed, and to request the public servants and employees who do not meet the proficiency levels to take the language proficiency examination (section 6(2)), as well as the right to make a proposal to an employer or to a person who is in charge of appointing public servants to terminate an employment contract or to release a public servant from office, if the employee or the public servant does not know Estonian at required levels (section 6(3)). Failure by an employer to apply the language proficiency requirements and violation of the language proficiency requirements by a public servant or an employee is punishable by a fine of up to 200 fine units (section 26-4). The Committee notes that a request to review the language proficiency examination result can be filed with the Ministry of Education and Research (section 5-1(4)). Statistical information provided by the Government on the assessments conducted by the language inspectorate during the period 2004–10 indicates that 96 per cent of the total cases assessed were violations of the Language Act; in 5 per cent of these cases of violation, punishment was imposed, while for other cases, a warning has been issued or a precept to raise their language proficiency to the legally required level was issued. The Committee also notes the Government’s indication that in the context of the Integration Programme 2008–13, the Estonian language is important for ensuring equal opportunities in education and the labour market for ethnic minorities. In this connection, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 16 December 2011, called on the Government to ensure that language requirements in relation to employment are linked to the needs for the performance of each individual job, so as to avoid discrimination on the basis of language (E/C.12/EST/CO/2, 16 December 2011, paragraph 10), and that the United Nations Committee on the Elimination of Racial Discrimination, in its concluding observations of 23 September 2010, showed concern on the strong emphasis on the Estonian language in the objectives and implementation of the integration policy, and recommends the adoption of a non-punitive approach to the promotion of the official language, and review of the role of the language inspectorate (CERD/C/EST/CO/8-9, 23 September 2010, paragraph 13). The Committee asks the Government to indicate the measures taken to ensure that workers from ethnic and national minorities are effectively protected against discrimination in employment and occupation, including measures to ensure that the examination of the levels of language proficiency does not disproportionately affect these minorities as regards access to employment and occupation, both in the private and public sectors. Please also continue to provide information on the enforcement of Regulation No. 105 of 2008 under the Language Act, including the number and nature of cases in which sanctions were imposed for non-compliance, as well as any recourse or remedial procedures provided for the cases of violation. Finally, the Committee asks the Government to provide information on the practical application of section 10(1) of the Equal Treatment Act concerning a genuine and determining occupational requirement.

Equality of opportunity and treatment with respect to race, colour and national extraction. The Committee notes the detailed information provided by the Government on language education programmes, and the Government’s indication that vocational training can be acquired in Estonian and Russian. The Committee also notes that according to the statistical information provided by the Government, the rate of unemployment among non-Estonians is as high as 23.4 per cent, while the rate of unemployment among Estonians is 13.4 per cent. The Committee encourages the Government to continue its efforts to promote equal opportunities for ethnic and national minorities, in particular, with regard to language training and vocational training opportunities, and asks the Government to provide information on the rate of participation by different ethnic and national minority groups as well as the results achieved by such measures. Please also continue to provide statistical information, disaggregated by sex, regarding the participation of the ethnic and national minority groups in the labour market, including at the different levels of the public service.

Enforcement. The Committee notes the Government’s information concerning awareness-raising activities for the public on the Equal Treatment Act and the Gender Equality Act, as well as discrimination cases examined by the Supreme Court. It also notes the Government’s indication that among 43 applications received in 2010 by the Chancellor of Justice, ten cases concerned possible discrimination under section 12(1) of the Constitution; the Chancellor of Justice was also requested to provide a legal opinion on a sexual harassment case in 2011; among 288 complaints received in 2010 by the Gender Equality and Equal Treatment Commissioner, 23 cases concerned discrimination in employment. The Committee asks the Government to continue to provide information on the number, the grounds of discrimination invoked and the outcome, including the sanctions imposed and remedies provided, of discrimination cases dealt with by the Gender Equality and Equal Treatment Commissioner, the Chancellor of Justice, and the courts. Recalling its previous comments, the Committee also asks the Government to indicate whether the labour inspectorate is authorized to supervise the application of section 3 of the Employment Contracts Act of 2008, which provides for the employers’ obligation to ensure the protection of employees against discrimination.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1 and 2 of the Convention. Legislation. The Committee notes the adoption of the Employment Contracts Act on 17 December 2008, which repeals the Wages Act and provides that employers shall ensure the protection of employees against discrimination, follow the principle of equal treatment and promote equality in accordance with the Equal Treatment Act and Gender Equality Act. The Committee further notes that, according to section 6(2)(3) of the Gender Equality Act, as amended on 24 September 2009, “the activities of an employer shall also be deemed to be discriminating if the employer establishes conditions for remuneration or conditions for the provision and receipt of benefits related to employment relationship which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same work or work to which equal value is attributed”. The Committee requests the Government to provide information on the application of the equal remuneration provisions of the Gender Equality Act in practice, indicating in particular how the expression “work to which equal value is attributed” is being defined or interpreted by the Gender Equality and Equal Treatment Commissioner or by the labour dispute committees. It also requests the Government to continue to provide information on the number and the results of the applications regarding equal remuneration made to the Commissioner and on any relevant judicial decisions.

Measures to promote equal remuneration for men and women for work of equal value.  The Committee notes the detailed information regarding the implementation of the twinning project “Equality between Men and Women – Principle and Objective for Effective and Sustainable Enterprises” in 2007 and 2008. It notes the guidelines entitled “Gender Equality in Your Company – The Recipes for Success” published in 2008 in order to help employers to implement gender equality policies in enterprises, in particular the developments regarding equal remuneration and job evaluation systems. The Committee further notes the Government’s indication that one of the outcomes of the Promotion of Gender Equality Programme (2008–10) which is being implemented to support the results of the above twinning project and continue relevant activities, includes a major study on the gender pay gap. Noting that this project has four major parts, the Committee asks the Government to provide information on its implementation and, when available, on the results of the pay gap study, indicating the policy measures envisaged to address such gap. Noting that, according to statistical data published in 2009 by the Ministry of Social Affairs, the wage differential of men and women was around 30 per cent for 2007, the Committee encourages the Government to pursue its continuing efforts to promote equal remuneration for men and women and asks the Government to provide information on the measures taken to disseminate and promote the use of the above guidelines in enterprises, in particular as regards the promotion and the implementation of job evaluation methods.

Articles 2 and 4. Collective agreements and the role of the social partners. The Committee notes that, within the framework of the twinning project, numerous awareness-raising activities for employers and workers have been undertaken and that a network of 25 members, including employers, workers’ representatives, gender experts and other persons concerned was created with a view to exchanging information, experience and good practices in promoting gender equality. The Committee further notes that, according to the Government’s report, there are no collective agreements that include concrete measures to address the issue of equal pay for women and men, although the need for such measures has been discussed. The Committee observes that section 6(1)(1) of the Collective Agreements Act provides that collective agreements may contain provisions regarding wage conditions. It further notes the Government’s indication that the number of collective agreements is very low in general and that the determination of wages is often made through individual negotiations. Recalling the important role that the social partners can play in addressing the remuneration gap, the Committee asks the Government to take measures to promote effectively the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations. The Committee further asks the Government to provide information on the activities carried out by the network promoting gender equality in the field of remuneration and their impact on the inclusion of any clauses providing equal remuneration for men and women for work of equal value in collective agreements.

Enforcement. The Committee understands from the Government’s report that the labour inspectors have not recently identified any cases of discrimination in remuneration between men and women. It notes that in its report the Government refers to three applications regarding equal pay issues made in 2008 to the Gender Equality Commissioner, whose opinions are not legally binding, out of a total of 82 applications submitted, and to two decisions on equal remuneration made by the labour dispute committees in 2009. The Committee further observes that, according to the statistics provided by the Government in its report, the difference in the average gross hourly earnings between men and women was 26.9 per cent in 2006. The Committee asks the Government to indicate if the reasons for this low number of applications or complaints on pay inequalities have been investigated and recalls that it may be due to the lack of knowledge of the law and the rights derived therefrom among workers as well as law enforcers or difficulties in accessing complaints and dispute resolution mechanisms. It also asks the Government to provide information on any training or awareness-raising activities carried out by the competent authorities among those responsible for enforcing the principle, as well as workers and employers and their organizations regarding the principle of the Convention.

Statistical information. The Committee notes the statistical data provided by the Government in its report and asks the Government to continue to provide updated statistical information on the earnings of men and women.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Legislative developments. Prohibited grounds of discrimination. The Committee notes that the new Employment Contracts Act, adopted on 17 December 2008, provides that “employers shall ensure the protection of employees against discrimination, follow the principle of equal treatment and promote equality in accordance with the Equal Treatment Act and Gender Equality Act” (section 3), without specifying any prohibited grounds of discrimination. The Committee notes, however, that the Gender Equality Act of 2004 defines and prohibits direct and indirect discrimination based on sex with respect to all aspects of employment, and that the Equal Treatment Act, which was adopted on 11 December 2008, aims at ensuring the protection of persons against discrimination on the grounds of “nationality (ethnic origin), race or colour … religion or other beliefs, age, disability or sexual orientation” (section 1(1)). This Act also provides that it “does not preclude the requirements of equal treatment in labour relations on the basis of attributes not specified in section 1(1) of this Act, in particular due to family-related duties, social status, representation [of] the interests of employees or membership in an organization of employees, level of language proficiency or duty to serve in defence forces” (section 2(3)). With respect to the prohibited grounds of discrimination enumerated in the Convention, the Committee requests the Government to take the necessary measures to include the prohibition of discrimination based on political opinion and social origin in employment and occupation in its legislation in order to give full effect to Article 1(1)(a). It further requests the Government to indicate how protection against discrimination on these two grounds is ensured in practice. With respect to the ground of “nationality (ethnic origin)”, please indicate whether this would cover distinctions between citizens of the same country on the basis of a person’s place of birth, ancestry or foreign origin. The Committee would be grateful if the Government would clarify whether section 2(3) of the Equal Treatment Act means that discrimination in employment and occupation is also prohibited on the basis of family-related duties, social status, representation of the interests of employees or membership in an organization of employees, level of language proficiency or duty to serve in defence forces and, if not, to explain its purpose and meaning.

Fields covered by anti-discrimination provisions. The Committee notes that, according to section 2 of the Equal Treatment Act, the protection against discrimination covers access to employment, occupation and vocational training, as well as working conditions, including remuneration. However, it observes that whereas discrimination on the grounds of nationality (ethnic origin), race and colour is prohibited in relation to social protection (including social security and health care and social advantages) and education (section 2(1)(5) and (6)), the prohibition with respect to these fields does not apply to discrimination on the grounds of religion or other beliefs, age, disability or sexual orientation. The Committee wishes to recall that “[u]nder Article 5 of the Convention, distinctions in respect of employment-related social security, to the extent that they do not constitute a special measure of protection or assistance provided for in other international labour Conventions or are generally recognized as necessary, constitute unlawful forms of discrimination”, and that “[a]ny discriminatory treatment in respect of benefits or of conditions of entitlement to social security … should be eliminated” (Special Survey on Equality in Employment and Occupation, 1996, paragraph 113). The Committee also wishes to draw the Government’s attention to the fact that discrimination with respect to access to education will be reflected in future in the lack of equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to indicate the measures envisaged or taken to ensure that discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention is prohibited in all aspects of employment, including education and social protection.

Scope of legislation. Public service. The Committee notes that the Gender Equality Act and the Equal Treatment Act apply both to the public and private sectors. It further notes that according to the Government the Public Service Act prohibits discrimination based on sex, nationality (ethnic origin), race, colour, religion or other beliefs, age, disability, sexual orientation, level of language proficiency, duty to serve in defence forces, marital or family status, family-related duties, social status, representation of the interests of employees or membership in workers’ associations. The Committee requests the Government to take the necessary measures to ensure that the legal protection of public servants against discrimination includes discrimination based on political opinion and social origin, in accordance with Article 1(1)(a) of the Convention, and applies to all aspects of employment.

Article 2. Measures to promote gender equality. The Committee notes that the statistics provided by the Government show that occupational segregation, both horizontal and vertical, between men and women remains important in the labour market and that women are concentrated in certain sectors of the economy such as education, retail trade, health care and social work, and accommodation and food services, and only represent 8.9 per cent in the category of legislators, senior officials and managers as compared to 15.3 per cent for men. It also notes that the gender remuneration gap is significant.

The Committee notes with interest that an Estonian–French twinning project on equality between men and women was carried out in 2007 and 2008 and that it led to a compilation of European good practices and a set of guidelines for employers to promote gender equality in enterprises as regards recruitment, training and career, pay and work–life balance. The Committee notes the creation within this framework of a network of employers, representatives of workers, gender experts and other relevant actors with a view to exchanging information, experience and good practices in promoting gender equality in enterprises. The Committee also notes the Promotion of Gender Equality Programme (2008–10) which was adopted to support the results of the twinning project, and aims specifically at raising awareness of employers and workers, supporting the implementation of the gender mainstreaming strategy in the labour market and the gender equality legislation, and reducing gender stereotypes.

Recalling that gender-based occupational segregation is often linked to gender stereotypes about the roles of women and men at work and in the family, the Committee asks the Government to continue to take measures to overcome such prejudices and stereotypes and to promote women’s access to a wider range of occupations and industries, including through awareness-raising campaigns, dissemination of the guidelines for employers on gender equality, education, vocational guidance and the development of more diversified training opportunities for women and men. It asks the Government to provide information on the implementation and the results of the Promotion of Gender Equality Programme and its impact on the situation of women and men in the labour market.

As regards the implementation of the Gender Equality Act, the Committee requests the Government to provide information on any practical measures taken by the State and local government agencies (section 9) and by employers (section 11) to promote effectively gender equality. The Committee further requests the Government to provide information on any special temporary measures taken or envisaged under section 5(2)(5) of the Gender Equality Act to promote gender equality and grant advantages for the less-represented gender or reduce gender inequality. Please also continue to provide statistical information on the participation of men and women in the labour market, according to industry and occupation.

Article 1(2). Inherent requirements of the job. With respect to the language proficiency requirements, the Committee notes that the Government indicates that such requirements are established by Regulation No. 105 from 26 June 2008, made under the Language Act, and monitored by language inspectors. It also notes the Government’s indication that the weak knowledge of the State language prevents non-Estonians living in Estonia from finding jobs in their home regions and elsewhere in Estonia. In its previous comments, the Committee referred to the resolution of the Committee of Ministers of the Council of Europe of 2006 inviting the Government to review such requirements so as to ensure that they are realistic, clear and proportional. The Committee asks the Government to indicate if it is envisaged to examine the levels of language proficiency required for various sectors of employment, so as to ensure that they do not constitute obstacles or indirect discrimination, as regard access to employment and occupation of workers from ethnic minorities, both in the private and public sectors. Please also continue to provide information on the enforcement of these regulations, including the number and nature of cases in which sanctions were imposed for non-compliance.

Moreover, noting that under section 10(1) of the Equal Treatment Act, a difference of treatment based on a prohibited ground is not deemed to be discrimination if such ground is a genuine and determining occupational requirement, the Committee requests the Government to provide information on the application of section 10(1) in practice, indicating the grounds and the occupations concerned.

Equality of opportunity and treatment of ethnic minorities. The Committee notes the detailed information provided by the Government on the implementation of programmes and policies aimed at the integration of ethnic minorities, in particular, the project of the Integration’s Foundation “Reduction of the unemployment risk of non-Estonian speaking young people in Ida-Virumaa, Tallinn and Hajumaa through Estonian language training, professional retraining and in-service training”. The Committee notes that according to the Government’s report, the rate of unemployment among non-Estonian young people is more than twice as high as the average in Estonia. The Committee encourages the Government to pursue its efforts to promote equal opportunities of ethnic minorities, in particular with regard to access to education, including language training, vocational training opportunities and employment and occupation. It requests the Government to continue to provide information on the measures taken and the activities conducted to promote equality of opportunity and treatment of ethnic minorities as well as on the measures taken to ensure that workers from ethnic minorities are effectively protected against discrimination in employment and occupation. The Committee further requests, once again, the Government to provide statistical information, disaggregated by sex, regarding the participation of the ethnic minority groups in the labour market, including at the different levels of the public service.

Enforcement. The Committee notes the information provided by the Government regarding the number of applications received by the Gender Equality and Equal Treatment Commissioner – 40 applications concerning employment and occupation issues between January and August 2009, 19 of which concern possible cases of discrimination. The Committee also notes that, according to the Government, the number of applications made to the Chancellor of Justice is very low. Recalling that the low number of applications may be due to the lack of knowledge of the law and the enforcement mechanisms, the Committee requests the Government to indicate the measures taken to raise awareness of workers and employers and their organizations of their rights and duties under the Gender Equality Act and the Equal Treatment Act as well as of the role of the Gender Equality and Equal Treatment Commissioner and the Chancellor of Justice. The Committee requests the Government to continue to provide information on the number of discrimination cases dealt with by the above authorities, the grounds of discrimination invoked and the outcome of administrative and judicial proceedings (sanctions imposed and remedies provided). Please also provide information on the outcome of the case considered by the Supreme Court concerning possible discrimination based on sex to which the Government refers in its report. The Committee also asks the Government to provide information on the role and powers of the labour inspectorate in supervising the application of the general anti-discrimination provisions of section 3 of the new Employment Contracts Act of 2008, since section 115 of that Act, which deals with State supervision, does not seem to envisage such involvement.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s clarification that the wording in Estonian used in section 6(2)(s) of the Gender Equality Act and in section 51 of the Wages Act refers to “work of equal value”. The Committee asks the Government to continue to provide information on the implementation of these provisions including relevant administrative or judicial decisions.

Measures to promote equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report that equal pay issues were addressed in the context of the twinning project “Equality between Men and Women – Principle and Objective for Effective and Sustainable Enterprises” in 2007 and 2008. The project was implemented with the participation of the social partners and the topics addressed included wage calculation and objective job evaluation. In this context, a set of guidelines has been prepared. A 2007 survey of the knowledge of employers on gender equality showed that 49 per cent of the executives surveyed had not acquainted themselves with the relevant legislation. Only 2 per cent of the companies had compared the average wage of their male and female employees during the recent years, whereas 60 per cent of the companies used job descriptions and 21 per cent undertook job evaluations. The Committee asks the Government to provide a copy of the abovementioned guidelines, as well as detailed information on further results of the twinning project, and any follow-up measures undertaken or envisaged to promote action at the enterprise level to promote equal remuneration for men and women for work of equal value, including through objective job evaluation.

Articles 2 and 4. Collective agreements and the role of the social partners. While noting that the twinning project has involved workers’ and employers’ organizations,  the Committee notes that the Government has not yet replied to its previous comments concerning the role of collective bargaining as a means to promote the realization of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information on how collective agreements address equal pay issues and on any measures taken or envisaged to seek the collaboration of workers’ and employers’ organizations to give effect to the principle of the Convention.

Labour inspection. The Committee notes that the labour inspectorate has an obligation to promote equal treatment in labour relations and that the purpose of the training programme for labour inspectors under the PHARE programme mentioned previously was to provide knowledge to labour inspectors on how to identify unequal treatment. The Committee asks the Government to indicate the number and nature of equal pay cases identified and addressed by the labour inspectors, following this training activity.

Statistical information. The Committee asks the Government to provide updated statistical information on the earnings of men and women in its next report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report and requests the Government to provide further information on the issues set out below.

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes that section 10 of the Employment Contracts Act prohibits discrimination based on sex, racial origin, age, ethnic origin, level of language proficiency, disability, sexual orientation, duty to serve in defence forces, marital or family status, family-related duties, social status, representation of the interests of employees or membership in workers’ associations, political opinions or membership in a political party or religious or other beliefs. Recalling the seven grounds specifically listed in Article 1(1)(a) of the Convention, the Committee notes that the Act does not refer to national extraction, colour and social origin. However, it welcomes that the Act includes several additional grounds, as envisaged in Article 1(1)(b). The Committee requests the Government to continue to provide information on the measures taken or envisaged to address discrimination in employment and occupation on all these grounds. Recalling that where legislation is enacted to give effect to the provisions of the Convention all the grounds listed in the Convention should be included, the Committee requests the Government to clarify how protection from discrimination based on national extraction, colour and social origin is ensured.

Scope of the legislation. The Committee notes that section 7 of the Employment Contracts Act excludes certain employees and types of work from its scope, including employees falling under the Public Service Act, persons working under a service contract and work performed during imprisonment. Recalling that the Convention applies to all workers, the Committee requests the Government to provide information on the measures taken to ensure and promote equality of opportunity and treatment with respect to work excluded from the scope of the Employment Contracts Act.

Article 1(2). Inherent requirements of the job. The Committee notes that the Language Act, which regulates the use of Estonian as the state language, provides for professional language proficiency requirements. In this regard, the Committee notes that the Committee of Ministers of the Council of Europe has invited the Government to review the state language proficiency requirements in various sectors of employment so as to ensure that they are realistic, clear and proportional (Committee of Ministers Resolution ResCMN(2006)1 of 15 February 2006). The Committee requests the Government to provide detailed information on the levels of language proficiency required for the different professions and occupations in the private and public sectors, including copies of the relevant administrative regulations issued under the Language Act. It also requests the Government to provide information on the enforcement of these regulations, including the number and nature of cases in which sanctions were imposed for non-compliance.

Article 2. Gender equality. The Committee notes with interest that the Gender Equality Act 2004 requires employers to promote gender equality in their establishments. For instance, employers have an obligation to ensure that the number of men and women hired is as equal as possible and to ensure equal treatment in respect of promotion. Employers are also required to collect statistical data on the situation of men and women in the workplace. The Act provides for establishment of a Gender Equality Commissioner and a Gender Equality Council. The Committee requests the Government to provide information on the progress made in the implementation of the Gender Equality Act, including the activities of the Gender Equality Commissioner and other competent bodies to monitor compliance with the Act. It requests the Government to provide its assessment on the overall impact of the legislation on the enjoyment of equality of opportunity and treatment of men and women in the private and public sectors. Please also provide updated statistical information on the participation of men and women in the labour market, according to industry and occupation.

Equality of opportunity and treatment of ethnic minorities. The Committee notes that the Government has adopted programmes and policies aimed at the integration of ethnic minorities including through measures in the area of education and employment. The Committee requests the Government to provide further information on the implementation of the various policies and programmes targeting ethnic minorities and the impact of these measures on improving their access to education, training, including vocational training, and the participation of the different ethnic minorities in employment and occupation. It requests the Government to provide statistical information, disaggregated by sex, regarding the participation of the ethnic minority groups in the labour market, including at the different levels of the public service.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee requests the Government to provide information on the measures taken to seek the cooperation of workers’ and employers’ organizations with a view to promoting equality in employment and occupation.

Article 4. The Committee requests the Government to provide the information indicated in the report form.

Enforcement. The Committee notes that the Labour Inspectorate is responsible for supervising the application of the Employment Contracts Act and that discrimination cases can also be dealt with by the courts, the Chancellor of Justice and the Gender Equality Commissioner. The Committee requests the Government to provide information on the cases concerning discrimination in employment and occupation addressed by these bodies. Please indicate the number of cases dealt with, the grounds of discrimination invoked and the outcome of such proceedings.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the adoption of the Gender Equality Act of 2004, which, according to the English translation available to the Office, provides in section 6(2)(3) that the activities of employers are discriminatory if they establish “conditions for remuneration or other conditions which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same or equivalent work”. The Committee recalls that the notion of work of equal value as expressed in the Convention is broader than the notion of same, similar or identical work. Rather, equal value also implies a comparison of jobs performed by men and women which are different but nonetheless of equal value. In this respect, the Committee asks the Government to clarify whether the reference to equivalent work in section 6(2)(3) of the Gender Equality Act is intended to reflect the notion of “work of equal value” as contained in Article 1(b) of the Convention.

2. Further to the above, and recalling its previous comment with respect to the principle of equal remuneration under the Wages Act, the Committee notes that the Government’s report does not clarify whether the term “equal work” in section 51, paragraph (1), of the Act includes the notion of “work of equal value” as set out in Article 1(b) of the Convention. The Committee, therefore, reiterates its request to the Government to elaborate on the term “equal work” in the Wage Act and to indicate whether it is to be interpreted to mean work of equal value in accordance with the Convention.

3. Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that trade unions play an important role in drawing the attention of state supervisory bodies to violations of the principle of equal pay as well as in the negotiation of collective agreements in connection with the promotion of equal pay. It notes, however, the Government’s indication that current collective agreements are very weak when it comes to addressing equal remuneration. Recalling that Article 2(2)(c) of the Convention envisages the application of the Convention’s principles through collective agreements concluded between employers and workers and noting that collective bargaining plays a significant role in the determination of wages under the Wages Act, the Committee asks the Government to provide information on the measures taken to cooperate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention, including awareness-raising and training programmes.

4. Article 3(1). Objective job appraisals. The Committee recalls its previous comments regarding sections 9, 10 and 11 of the Wages Act concerning the methods used by the employer for the establishment and calculation of wage rates. In this respect, the Committee had drawn the Government’s attention to the fact that the employer’s decision may be subject to gender bias, including the undervaluing of work performed by women, which may result in wage discrimination. The Committee had therefore suggested the application of objective job evaluation (Article 3) as the method for calculating remuneration in conformity with the principles of the Convention. Noting that no further information has been received on this matter, the Committee reiterates its requests to the Government to provide information on the measures taken to apply the abovementioned provisions of the Wages Act in accordance with the Convention, that is without gender bias, and to promote the application of objective job evaluation by employers.

5. Recalling its comments concerning the impact on the employment of women of section 68 of the Employment Contracts Act under which the National Labour Inspectorate may authorize that enterprises place employees on part-time status, or on holiday leave, with partial pay due to a temporary decrease in work volume or orders, the Committee notes that the Government has requested information from the National Labour Inspectorate on the gender composition of the workers affected. The Government is asked to provide the information requested with its next report. Further recalling the Government’s information on the training programme for labour inspectors on job evaluation and equal treatment (PHARE), the Committee reiterates its request to the Government to indicate the impact of this programme on the National Labour Inspectorate’s capacity to supervise the legislation relevant to the application of the Convention.

6. Part III of the report form. Enforcement. The Committee notes that under section 7(3) of the Gender Equality Act, an employee has the right to demand that an employer both explain the method for calculating salaries and provide other necessary information, on the basis of which it is possible to decide whether wage discrimination has occurred. With respect to the enforcement mechanisms established under the Gender Equality Act, the Committee notes the appointment of a Gender Equality Commissioner (section 15) who acts as an independent and impartial expert to monitor compliance with the Act, to accept applications from individuals concerning possible cases of discrimination and to advise the Government on issues relating to the Act’s implementation. The Act additionally sets up a Gender Equality Council (section 24) to function as an advisory body within the Ministry of Social Affairs, approving the general objectives of gender equality policy and advising the Government in this regard. The Committee asks the Government to: (1) provide information on the practical application of the Gender Equality Act, including information on any judicial or administrative decisions under the Act dealing with the principle of equal pay; and (2) provide information on the work of the Gender Equality Commissioner and Council in promoting and ensuring the application of the principle of equal remuneration for men and women workers for work of equal value.

7. Part V of the report form. General appreciation of the application of the Convention. The Committee notes from the statistics provided in the Government’s report that in 2003 women still only earned 75.8 per cent of the average hourly wage earned by men. It notes that although the gap between men and women has narrowed since the country’s independence, it has not significantly improved since 2001, when women earned 75.7 per cent of men’s earnings. In this context, the Committee notes the Government’s reference to a recent study entitled “Men and women in the Estonian labour market: assessing the gender wage gap”. According to this study, a large part of the wage difference arises from people’s attitudes, which are expressed in the labour market behaviour of employers and their selection of employees. Noting the Government’s statement that changes in societal attitudes are enhanced by increased awareness, the Committee asks the Government to provide information on what measures it is taking in the private and public sectors as well as in cooperation with workers’ and employers’ organizations to raise awareness with respect to the principle of equal pay for work of equal value. Recalling also its earlier comments on the horizontal and vertical segregation of working women, the Committee asks the Government to indicate what policies it has adopted or is considering, particularly within the framework of its national employment strategy, to counteract the disproportionate number of women working in low-pay and low-responsibility jobs.

8. Statistics. The Committee notes that according to section 11(2) of the Gender Equality Act, employers are under an obligation to collect employment data based on gender to enable the relevant institutions to monitor and assess whether the principle of equal treatment is being applied in practice. In this context, the Committee asks the Government to provide statistics in its next report on the distribution of men and women among various occupations and at different levels of responsibility in both the private and public sectors.

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

1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the adoption of the Gender Equality Act of 2004, which, according to the English translation available to the Office, provides in section 6(2)(3) that the activities of employers are discriminatory if they establish "conditions for remuneration or other conditions which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same or equivalent work". The Committee recalls that the notion of work of equal value as expressed in the Convention is broader than the notion of same, similar or identical work. Rather, equal value also implies a comparison of jobs performed by men and women which are different but nonetheless of equal value. In this respect, the Committee asks the Government to clarify whether the reference to equivalent work in section 6(2)(3) of the Gender Equality Act is intended to reflect the notion of "work of equal value" as contained in Article 1(b) of the Convention.

2. Further to the above, and recalling its previous comment with respect to the principle of equal remuneration under the Wages Act, the Committee notes that the Government’s report does not clarify whether the term "equal work" in section 51, paragraph (1), of the Act includes the notion of "work of equal value" as set out in Article 1(b) of the Convention. The Committee, therefore, reiterates its request to the Government to elaborate on the term "equal work" in the Wage Act and to indicate whether it is to be interpreted to mean work of equal value in accordance with the Convention.

3. Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that trade unions play an important role in drawing the attention of state supervisory bodies to violations of the principle of equal pay as well as in the negotiation of collective agreements in connection with the promotion of equal pay. It notes, however, the Government’s indication that current collective agreements are very weak when it comes to addressing equal remuneration. Recalling that Article 2(2)(c) of the Convention envisages the application of the Convention’s principles through collective agreements concluded between employers and workers and noting that collective bargaining plays a significant role in the determination of wages under the Wages Act, the Committee asks the Government to provide information on the measures taken to cooperate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention, including awareness-raising and training programmes.

4. Article 3(1). Objective job appraisals. The Committee recalls its previous comments regarding sections 9, 10 and 11 of the Wages Act concerning the methods used by the employer for the establishment and calculation of wage rates. In this respect, the Committee had drawn the Government’s attention to the fact that the employer’s decision may be subject to gender bias, including the undervaluing of work performed by women, which may result in wage discrimination. The Committee had therefore suggested the application of objective job evaluation (Article 3) as the method for calculating remuneration in conformity with the principles of the Convention. Noting that no further information has been received on this matter, the Committee reiterates its requests to the Government to provide information on the measures taken to apply the abovementioned provisions of the Wages Act in accordance with the Convention, that is without gender bias, and to promote the application of objective job evaluation by employers.

5. Recalling its comments concerning the impact on the employment of women of section 68 of the Employment Contracts Act under which the National Labour Inspectorate may authorize that enterprises place employees on part-time status, or on holiday leave, with partial pay due to a temporary decrease in work volume or orders, the Committee notes that the Government has requested information from the National Labour Inspectorate on the gender composition of the workers affected. The Government is asked to provide the information requested with its next report. Further recalling the Government’s information on the training programme for labour inspectors on job evaluation and equal treatment (PHARE), the Committee reiterates its request to the Government to indicate the impact of this programme on the National Labour Inspectorate’s capacity to supervise the legislation relevant to the application of the Convention.

6. Part III of the report form. Enforcement. The Committee notes that under section 7(3) of the Gender Equality Act, an employee has the right to demand that an employer both explain the method for calculating salaries and provide other necessary information, on the basis of which it is possible to decide whether wage discrimination has occurred. With respect to the enforcement mechanisms established under the Gender Equality Act, the Committee notes the appointment of a Gender Equality Commissioner (section 15) who acts as an independent and impartial expert to monitor compliance with the Act, to accept applications from individuals concerning possible cases of discrimination and to advise the Government on issues relating to the Act’s implementation. The Act additionally sets up a Gender Equality Council (section 24) to function as an advisory body within the Ministry of Social Affairs, approving the general objectives of gender equality policy and advising the Government in this regard. The Committee asks the Government to: (1) provide information on the practical application of the Gender Equality Act, including information on any judicial or administrative decisions under the Act dealing with the principle of equal pay; and (2) provide information on the work of the Gender Equality Commissioner and Council in promoting and ensuring the application of the principle of equal remuneration for men and women workers for work of equal value.

7. Part V of the report form. General appreciation of the application of the Convention. The Committee notes from the statistics provided in the Government’s report that in 2003 women still only earned 75.8 per cent of the average hourly wage earned by men. It notes that although the gap between men and women has narrowed since the country’s independence, it has not significantly improved since 2001, when women earned 75.7 per cent of men’s earnings. In this context, the Committee notes the Government’s reference to a recent study entitled "Men and women in the Estonian labour market: assessing the gender wage gap". According to this study, a large part of the wage difference arises from people’s attitudes, which are expressed in the labour market behaviour of employers and their selection of employees. Noting the Government’s statement that changes in societal attitudes are enhanced by increased awareness, the Committee asks the Government to provide information on what measures it is taking in the private and public sectors as well as in cooperation with workers’ and employers’ organizations to raise awareness with respect to the principle of equal pay for work of equal value. Recalling also its earlier comments on the horizontal and vertical segregation of working women, the Committee asks the Government to indicate what policies it has adopted or is considering, particularly within the framework of its national employment strategy, to counteract the disproportionate number of women working in low-pay and low-responsibility jobs.

8. Statistics. The Committee notes that according to section 11(2) of the Gender Equality Act, employers are under an obligation to collect employment data based on gender to enable the relevant institutions to monitor and assess whether the principle of equal treatment is being applied in practice. In this context, the Committee asks the Government to provide statistics in its next report on the distribution of men and women among various occupations and at different levels of responsibility in both the private and public sectors.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports and the attached legislation.

1. The Committee notes that women earned 75.7 per cent of men’s average hourly gross wages in 2001, slightly up from 73.5 per cent in 1999 and 75.4 in 2000. The Committee also notes that women’s earnings have increased in some occupational groups such as senior officials, managers and professionals, while the wage gap has widened in others, such as in the group of plant and machine operators, assemblers and among clerks. Recalling its previous comments on the effects of horizontal and vertical occupational segregation in the labour market, the Committee encourages the Government to deepen its analysis of the causes of, and ways to reduce, the existing wage gap on the basis of statistical information on the distribution of men and women in the various occupational groups and subgroups and in the different levels of responsibility (private and public sector). Noting from the report that such information is not yet available, the Committee asks the Government to indicate the measures taken to enhance the availability of such data, as outlined in the 1998 general observation. Please also provide information on any measures taken or envisaged with a view to closing the gender wage gap through the application of the Convention, including in the framework of the national employment strategy.

2. The Committee notes that section 2(1) of the Wages Act, 1994, as amended in May 2001, defines the term "wages" broadly as including basic wages, additional remuneration, bonuses and additional payments, which is in accordance with the Convention. The Committee also notes that new section 5bis ("principle of equal remuneration") provides in paragraph (1) that the establishment of different wage conditions for the same or equal work to employees of different sex is prohibited. Under section 3(1), the term "wage conditions" is defined as including wage rates, additional remuneration and payments, methods of calculation and procedures for payment. The Committee also notes that under section 5(2)(2) of the draft Gender Equality Act supplied by the Government in September 2002, the employer is prohibited from applying to an employee or a group of employees, on the basis of sex, terms of remuneration or other conditions less favourable than those he or she applies to an employee or employees of the opposite sex in the same work or work of equal value. The Committee welcomes the inclusion of section 5(2)(2) in the draft Gender Equality Act and its explicit inclusion of the principle of equal remuneration for work of equal value. The Committee notes that it is not clear from the official text of the Wages Act, as amended, supplied by the Government whether the notion of equal value is included in section 5bis and asks the Government to elaborate on the meaning of the term "equal work" and indicate whether it is to be interpreted as meaning work of equal value. In the meantime, the Government is asked to provide information on the practical application of section 5bis of the Wages Act and to keep the Committee informed on the progress made with regard to the adoption of the Gender Equality Act.

3. The Committee recalls that under section 9 of the Wages Act, the employer shall establish wage rates applicable in his or her undertaking according to the differences of the tasks and working conditions, based on the collective agreement. The employer also decides which method of calculation of remuneration ("wage system") is applied (section 11), taking into account any applicable collective agreement. The specific wage rate applicable to a particular employee is then to be determined by agreement between the employer and the particular employee when they enter into a labour contract (section 10). In this respect, the Committee draws the Government’s attention to the fact that gender bias may influence the employer’s decision establishing wage rates, wage systems, and with regard to applying a certain rate to a female employee, resulting in an undervaluing of work performed by women. In order to eliminate gender bias leading to wage discrimination, the Convention suggests the application of objective job evaluation (Article 3) as the method for calculating remuneration in conformity with the principles of the Convention. Noting from the Government’s reports that no "methodology for the evaluation of equal remuneration for equal work" has yet been established, the Committee asks the Government to provide information on the measures taken to apply the abovementioned provisions of the Wages Act in accordance with the Convention, and to promote the application of objective job appraisals.

4. The Committee notes from the Government’s report that the Confederation of Trade Unions has indicated that the issue of equal remuneration for men and women has not been a subject of collective bargaining, citing lack of awareness as one of the underlying reasons. Recalling that Article 2(2)(c) of the Convention envisages the application of the Convention’s principles through collective agreements concluded between employers and workers and noting that collective bargaining plays a significant role in the determination of wages under the Wages Act, the Committee asks the Government to provide information on the measures taken to cooperate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention, including awareness raising and training programmes.

5. Recalling its comments concerning the impact on the employment of women of section 68 of the Employment Contracts Act under which the National Labour Inspectorate may authorize that enterprises place employees on part-time status, or on holiday leave, with partial pay due to a temporary decrease in work volume or orders, the Committee notes that the Government has requested information from the National Labour Inspectorate on the gender composition of the workers affected. The Government is asked to provide the information requested with its next report.

6. Finally, the Committee asks the Government to provide information on the training for labour inspectors on job evaluation and equal treatment envisaged to be held in the autumn of 2003 under the PHARE programme and its impact on the National Labour Inspectorate’s capacity to supervise the legislation relevant to the application of the Convention. It would also appreciate receiving information on any judicial or administrative decisions handed down relevant to the principle of equal remuneration for men and women for work of equal value, particularly decisions applying the newly adopted equal remuneration provisions of the Wages Act.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes from the report that, according to the National Statistics Office, women’s average wages are 75 per cent of men’s average wages. The Government attributes this wage disparity to the existence of horizontal and vertical occupational segregation. In this respect, the Committee notes that the publication supplied by the Government, Towards a balanced society: Women and men in Estonia, states that "women are widely represented mostly in occupations that are not very prestigious in society and where the wages are below the average. The number of women in higher positions is much smaller than the number of men". The publication cited further states that women’s wages have been approximately 25 per cent lower than those of men throughout the whole period following Estonia’s regained independence, and that the disparity between men’s and women’s wages has increased during the last decade. From 1992 to 1998, the wage gap widened in all sectors, with the exception of skilled, agricultural and fishery workers, where wage disparities diminished (from 17 per cent in 1992 to 9 per cent in 1998). The wage gap widened most notably in respect of service workers, shop and market sales workers, where the gap widened from 16 per cent in 1992 to 36 per cent in 1998. The Committee notes from the report that a number of measures to reduce the wage gap are contained in the National Employment Action Plan for 2001-03 and include: employment training, creation of conditions designed to facilitate entrepreneurship, particularly among women, creation of new jobs to reduce unemployment and special training programmes to assist economically inactive persons, particularly women, in re-entering the Estonian labour market. The Government is asked to continue to provide information in future reports on the measures taken to reduce the existing wage disparity between men and women and the progress achieved.

2.  The Committee had previously noted that, while section 5 of the Wages Act specifically prohibits any increase or reduction of a wage based on an employee’s gender, no provision in the national legislation gives legislative expression to the principle of the Convention. The Committee notes from the report that amendments to the Wages Act, including provisions on equal remuneration, are expected to be adopted in 2000-01. It hopes that the amendments will express the principle of equal remuneration for men and women workers for work of equal value. The Committee asks the Government to keep it informed of developments in this respect and to supply a copy of the amendments to the Wage Act once they are adopted. With respect to its earlier comments concerning the PHARE project on equal treatment and working conditions for men and women, the Committee notes that the project report, completed in July 1999, contained proposals to address weaknesses in Estonian legislation, including proposals for drafting a gender equality Act. Noting that a draft gender equality Act is expected to be prepared in October 2000, the Committee hopes that it also promotes application of the Convention and requests a copy of the draft once it is completed. Please also forward to the Office a copy of the new Employment Contracts Act, once it is adopted.

3.  Article 2 of the Convention.  The Committee notes the state public servants’ salary scale supplied by the Government. Noting that the scale provided ranges from salary grade 7 to grade 35, the Committee asks the Government to indicate the percentages of men and women at the different grades.

4.  Article 3.  With respect to the determination of the relative value of work, the Government states that the trade unions consider that it is not clear how work should be evaluated, and that workers’ organizations do not see any disparities in collective and wage agreements. The Committee notes that the sample copies of collective agreements in various sectors supplied by the Government are gender-neutral. The Government indicates that, pursuant to the Wages Act, an employer establishes a wage system to calculate rates of remuneration for work performed, in accordance with collective agreements. Section 11 of the Wages Act establishes that the wage system to be applied to the remuneration of an employee shall be determined in the employment contract agreed to by the parties. The Committee noted previously that section 11 of the Wages Act requires employers to establish wage systems in enterprises. Further, section 9 of the Wages Act, which requires employers to establish wage rates in enterprises, contemplates comparisons between jobs on the basis of the tasks and conditions of work. The Committee therefore requests that the Government provide information on the manner in which direct or indirect gender bias is removed from the "wage systems" established pursuant to the Wages Act and on the methods used by private sector employers in establishing "wage rates in enterprises, institutions or other organizations in accordance with differences in tasks and conditions of work" (section 9 of the Wages Act). With respect to the public sector, the Government is requested to provide information on the methods used to establish rates of remuneration, including methods adopted for the objective appraisal of jobs on the basis of the work to be performed.

5.  The Committee notes from the report that, pursuant to section 68 of the Employment Contracts Act, the National Labour Inspectorate gave its consent to allow 673 enterprises with 31,603 workers to place employees on part-time status, or on holiday leave, with partial pay due to a temporary decrease in work volume or orders. While noting the Government’s statement that the Inspectorate does not have gender-specific data on the workers affected, the Committee would appreciate receiving information on the impact of section 68 on women’s employment, as well as information on the percentages of men and women in part-time employment.

6.  Article 4.  The Committee notes that the Confederation of Trade Unions and the Confederation of Employers and Industry signed a cooperation agreement with the Government in late 1999 which contains a chapter on equal remuneration. The Government is requested to provide additional information regarding the provisions of the cooperation agreement relevant to the application of the provisions of the Convention, as well as to supply concrete information on the measures taken in cooperation with the social partners for purposes of giving effect to the Convention.

7.  With respect to its earlier request for information on the activities of the National Labour Inspectorate in supervising the application of the national legislation relevant to the Convention, the Committee notes that, in 1999, 75 per cent of the complaints handled by labour dispute committees involved claims for unpaid wages and other compensation. The Committee would be grateful if the Government would continue to supply information concerning the activities of the Inspectorate relevant to the application of the Convention, including the number of inspections carried out during the reporting period, the number of equal remuneration violations found, the action taken and the outcome. It would also appreciate receiving information on any judicial or administrative decisions handed down relevant to the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's first report.

1. The Government's report indicates that the wage disparity between men and women in Estonia is "due to the employment of women in branches of activities, work and posts where wages are the lowest". The Committee would be grateful if the Government would provide information, including statistical data, on the distribution of men and women in the various occupations and at various levels, indicating rates of remuneration for both the public and private sectors, and the measures taken to reduce pay disparity.

2. The Committee notes that, while section 5 of the Wages Act specifically prohibits any increase or reduction of wage based on an employee's gender, no provision in the national legislation gives legislative expression to the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore requests the Government to indicate the manner in which it ensures that the principle of equal value is applied in practice and whether it envisages taking measures to give legislative expression to the principle of the Convention. In this connection, the Committee would be grateful if the Government would supply information in its next report on the activities of the PHARE project concerning application of European Economic Community Directives 75/117 and 76/207 on equal pay and equal treatment for men and women, including copies of any studies or conclusions produced by or as a result of the project.

3. Article 2 of the Convention. The Committee notes that the Wages Act establishes that the Government sets the minimum wage, while the employer establishes wage rates through the collective bargaining process. Further, section 9 of the Public Service Act provides that the Government sets the grades and rates of remuneration for most public sector employees. The Committee would, therefore, be grateful if the Government would provide, in its next report, copies of the minimum wage decrees currently in force in Estonia for both the public and private sectors. Further, the Committee requests the Government to provide copies of collective bargaining agreements in various sectors, as well as to indicate the manner in which it promotes and ensures the application of the principle set out in the Convention in collective bargaining with which it is not associated.

4. Article 3. The government report provides no information regarding any measures which may have been taken or contemplated to promote or establish objective appraisals of jobs on the basis of the work performed. The Committee notes that section 11 of the Wages Act requires employers to establish wage systems in enterprises. Further, section 9 of the Wages Act, which also requires employers to establish wage rates in enterprises, contemplates comparisons between jobs on the basis of the tasks and conditions of work. The Committee requests the Government to provide information on the manner in which the principle of equal remuneration is promoted in the "wage systems", established in section 11 and on the methods used by the employer in establishing "wage rates in enterprises, institutions or other organizations in accordance with differences in tasks and conditions of work" (section 9 of the Wages Act). With respect to the public sector, the Government is requested to provide information on the methods used to establish rates of remuneration, including methods adopted for the objective appraisal of jobs on the basis of the work to be performed.

5. Section 68 of the Employment Contracts Act entitles an employer to place an employee on part-time status for up to three months per year or to send the employee on a holiday with partial pay for the same period upon a temporary decrease in work volume or orders, provided that the employer obtains the consent of the appropriate labour inspector. The Committee notes that this provision is gender neutral on its face; however, it requests the Government to provide information on the manner in which this provision is applied in practice, including statistical data, disaggregated by sex, on the number of workers affected by this provision.

6. The Committee notes that section 35 of the Employment Contracts Act prohibits the employment of women in heavy work, which poses a health hazard, or underground work, and provides that the list of the types of work prohibited for women will be determined by the Government of the Republic. The Committee would be grateful if the Government would provide a copy of this list in its next report.

7. Article 4. The Committee requests the Government to supply information on the methods of the Government's cooperation with the social partners for purposes of giving effect to the provisions of the Convention.

8. The Committee notes the Government's statement that the National Labour Inspectorate is the authority charged with supervising the application of the national legislation relevant to the Convention. It therefore requests the Government to supply information on the activities of the Inspectorate in implementing the provisions of the Convention, including the number of inspections carried out during the reporting period, the number of equal remuneration violations found, the action taken and the outcome.