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

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

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

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The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which refers to the matters already raised by the Committee. The Committee requests the Government to provide its observations thereon.

The Committee recalls that for a number of years it had been raising the issue of the prohibition of the right to strike in the public service (section 21(1) of the Collective Labour Dispute Resolution Act). In this respect, the Committee takes note of the conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 2543 concerning the same issue.

The Committee notes the Government’s indication that while there have been no amendments to the current legislation, the Ministry of Justice has prepared a concept of modernization of public service, which provides a new and narrower definition of the term “public servant” to include only those employees who exercise authority on behalf of the State. The Committee notes this information and requests the Government to inform it of the progress achieved in respect of the adoption of legislative provisions ensuring that public servants, who do not exercise authority in the name of the State, enjoy the right to strike.

The Committee, once again, requests the Government to provide the list of services where the right to strike will be restricted, as referred to in section 21(3) and (4) of the Collective Labour Dispute Resolution Act.

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The Committee notes that the Government’s report has not been received.

The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 28 August 2007 reiterating the 2006 comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC) concerning issues already raised by the Committee on the restrictions to the right to strike of public servants. The Committee notes the Government’s communications in reply to the ICFTU’s comments and regrets that no information was provided by the Government on the question of the right to strike of public servants.

The Committee recalls that for a number of years it had been raising the issue of the prohibition of the right to strike in government institutions and other state or local authority departments (section 21(1) of the Collective Dispute Resolutions Act (1993)). It had also been requesting the Government to provide a “list of enterprises and agencies which satisfy the primary needs of the population and economy”, where minimum services must be maintained during a strike (section 21(3) and (4) of the Collective Dispute Resolutions Act). The Committee recalls that in its previous direct request, the Government had indicated that amendments to the Act, which would ensure that strikes in the public service would be prohibited only with regard to public servants exercising authority in the name of the State and would provide for the list of services where the rights to strike would be restricted (essential services), were about to be adopted. The Committee hopes that the Collective Dispute Resolutions Act will soon be amended and requests the Government to keep it informed in its next report on the progress made in this respect.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which refer to legislative issues and issues relating to the application in practice of various provisions of the Convention, including restrictions on the right to strike of public servants who do not exercise authority on behalf of the State. The Committee notes the recent communication of the Government which replies to the ICFTU’s comments. The Committee will examine the ICFTU’s comments and the Government’s reply at its next session and requests the Government, in the context of the regular reporting cycle, to provide its observations for the November-December 2007 session on all the issues mentioned in the Committee’s previous direct request in 2005 (see 2005 direct request, 76th Session).

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The Committee takes note of the Government’s report.

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

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

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The Committee takes note of the report supplied by the Government.

The Committee notes the comments made by the Confederation of Estonian Trade Unions (EAKL) concerning an amendment to the Income Tax Act adopted in December 2002, which requires trade unions to submit to the local tax boards from the year 2004 onwards, details on membership and entrance fees. This provision was supplemented by a regulation requiring the unions to present the tax authority with a list of trade union members and the amount of their membership and entrance fees paid during the previous year. While noting the Government’s indication that the aim of this amendment was merely to simplify the administration of tax deductions for trade union dues, the Committee must further note the concerns raised by the EAKL that they were not previously consulted on this amendment as well as their statement that the obligation to furnish a list of trade union members to the public authorities constitutes undue interference in their internal affairs, contrary to the Convention. The Committee therefore requests the Government to review the new amendment to the Income Tax Act and any relevant regulations in full consultation with the social partners concerned, with the aim of finding a solution to the administrative issues involved which would not run the risk of interfering in internal trade union affairs.

The Committee had previously requested the Government to supply the list of essential services so that it could examine its conformity with the principles of freedom of association. The Committee notes the Government’s statement that a list of minimum services is drafted and will be submitted for adoption with other draft amendments of the Collective Labour Disputes Resolutions Act in December 2003. The Committee requests the Government to supply the list of essential services as well as the abovementioned amendments as soon as they are adopted.

As regards the right to strike of seafarers, the Committee had previously requested the Government to indicate the relevant legislative provision of the Maritime Service Act, which ensures this right to this category of workers. The Committee notes the Government’s statement that the seafarer’s right to strike is not provided by a special legislative act and that no court judgements have been issued on this matter. According to the Government, the only restrictions to the right to strike of this category of workers are those provided by the collective agreement and section 22(1) and (2) of the Collective Labour Dispute Resolution Act, which provides that strikes aimed at affecting court judgements and those which are not preceded by negotiations and conciliation proceedings, are illegal. The Committee recalls, however, that section 21(1)(1) of the Act explicitly prohibits strike action aboard vessels. The Committee once again requests the Government to clarify this provision and to indicate whether seafarers are able to exercise the right to strike when vessels are docked.

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The Committee takes note of the report supplied by the Government.

The Committee had previously requested the Government to supply the list of essential services so that it could examine its conformity with the Convention. It regrets that this information was not submitted and requests the Government once again to supply the list of essential services as adopted by the Cabinet of Ministers.

As regards the right to strike of seafarers, the Committee takes note of the Maritime Service Act provided by the Government, but further notes that no specific mention is made to the right to strike. Taking due note once again of the Government’s indication that seafarers enjoy the right to strike when they are at dock, the Committee requests the Government to indicate the relevant legislative provision of the Act which ensures this right to this category of workers.

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The Committee notes the information supplied by the Government in its report. It also notes the conclusions of the Committee on Freedom of Association in Case No. 2011 (321st Report, paragraphs 188-219, and 322nd Report, paragraphs 11-14, approved by the Governing Body, in June and November 2000, respectively). It also notes the report of the direct contacts mission to Estonia which took place in August 1999. The Committee, like the Committee on Freedom of Association, notes with satisfaction that the Central Association of Estonian Trade Unions (EAKL), the complainant in Case No. 2011, has obtained its registration without having to amend its statutes.

The Committee notes, furthermore, with satisfaction that several discrepancies between domestic legislation, contained in the Non-Profit Associations Act, 1996, and the Trade Union Act, 1989, and the Convention have been repealed or amended. In fact, the new Trade Union Act which was adopted on 16 June 2000 and entered into force on 23 July 2000 does not repeat the provisions of the Trade Union Act of 1989 (which mentions the Central Trade Union of Estonia by name) and guarantees workers the possibility of trade union pluralism. It provides that trade unions are independent and voluntary associations of workers. Under the new Act, obstacles to the constitution and functioning of trade unions have been abrogated or amended. This applies particularly to provisions which imposed a long, cumbersome and detailed procedure to obtain legal personality (abolition of notarized documents with payment of notary’s fees for constitution of a trade union and abolition of taxes for obtaining legal personality) and provisions which conferred on the authorities the power to interfere in the formulation of trade union statutes and in elections of union leaders and the management of organizations. The new Act also specifies that several provisions of the law on non-profit associations apply, unless the union statutes provide otherwise. The Government indicates in its report that the right of employers to establish organizations is still governed by the Non-Profit Associations Act.

In regard to seafarers’ right to strike, the Committee takes due note of the information supplied by the Government in its report to the effect that section 21(2) of the collective labour dispute resolution Act does not prohibit seafarers from striking. The Government states that when they are docked, they have the right to strike. The Committee requests the Government to send it a copy of the draft Maritime Service Act governing labour relations of seafarers mentioned in its report.

In regard to minimum service in the event of a strike (section 21(4) of the Act on the resolution of collective disputes), the Government states that a list of these services will be submitted to the Cabinet of Ministers in 2001. The Committee recalls that a minimum service must be limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of service, while maintaining the effectiveness of the pressure brought to bear by a strike. In addition, workers’ organizations should be able to participate in defining minimum services, along with employers and the public authorities (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 161 and 162). The Committee requests the Government to supply a list of these services once it has been adopted to enable it to examine compatibility with the principles of freedom of association.

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

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

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

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

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

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

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

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

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

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The Committee notes the information supplied by the Government in its first report.

It requests the Government to supply further information on the following points:

Article 2 of the Convention. The Committee observes that article 30 of the Constitution of the Republic of Estonia, of 28 June 1992, allows a restriction on the right of some categories of civil servants to belong to non-profit associations. The Committee requests the Government to indicate whether civil servants may be excluded from the right of freedom of association and to supply the legal texts which restrict their rights.

The Committee notes that trade unions are registered. It requests the Government to supply information on registration procedures, to indicate whether registration conditions are the same for trade unions and associations in general, and to supply the texts governing registration.

The Committee notes that in the Law on Trade Unions several provisions mention the Central Trade Union of Estonia by name when referring to national trade union alliances or unions. The Committee requests the Government to abolish any reference to a specifically designated trade union body when texts are next revised.

Article 3. The Committee notes that under the Act on Collective Agreements (section 21), the Government draws up a list of undertakings or establishments in which a minimum service must be provided. It requests the Government, if such a list has been adopted, to supply a copy.

Article 7. The Committee requests the Government to specify whether registration confers legal personality on workers' and employers' organizations.

Finally, the Committee notes that the Government indicates in its report that it is contemplating a new law on trade unions. It requests the Government to supply information on the progress of work and to provide the text of the new law once it has been adopted.