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Collective Labour Dispute Resolution Act

Passed 5 May 1993

(RT* I 1993, 26, 442),

entered into force 7 June 1993,

amended by the following Act:

02.06.98 entered into force 06.07.98 - RT I 1998, 57, 858;

20.12.95 entered into force 01.09.1996 - RT I 1996, 3, 57.

Chapter I

General Provisions

§ 1. Purpose of Act

This Act regulates the procedures for the resolution of collective labour disputes and the calling and organisation of strikes and lock-outs.

§ 2. Definitions

(1) A collective labour dispute is a disagreement between an employer or an association or federation of employers and employees or a union or federation of employees which arises upon entry into or performance of collective agreements or establishment of new working conditions.

(2) A strike is an interruption of work on the initiative of employees or a union or federation of employees in order to achieve concessions from an employer or an association or federation of employers to lawful demands in labour matters.

(3) A lock-out is an interruption of work on the initiative of an employer or association or federation of employers in order to achieve concessions from employees or a union or federation of employees to lawful demands in labour matters.

(20.12.95 entered into force 01.09.96 - RT I 1996, 3, 57)

§ 3. Parties to collective labour dispute

(1) The parties to a collective labour dispute are an employer or an association or federation of employers and employees or a union or federation of employees.

(2) Employees or a union or federation of employees are represented by the person authorised by the employees or the union or federation of employees (hereinafter representative of employees).

(3) An employer or an association or federation of employers is represented by the person authorised by the employer or the association or federation of employers (hereinafter employer).

§ 4. Submission of demands of employees and employers

Demands of employees and employers shall be submitted to the other party in writing.

§ 5. Hearing of demands

(1) Employers and representatives of employees are required to hear submitted demands within seven calendar days after the date of their submission and to notify the persons who submitted the demands of their decision in writing on the date following the date of the decision.

(2) Representatives of the party which submitted demands may be invited to participate in the hearing of the demands, and may be required to submit documents necessary for the substantive resolution of the matter.

§ 6. Notice of labour dispute

The parties shall consult the Public Conciliator in writing if an agreement is not reached through negotiations and the threat of a disruption of work arises.

§ 7. Resolution of labour disputes by federations of employers and federations of employees

(1) Failing agreement on labour disputes which concern the application of labour legislation and entry into, performance or amendment of collective agreements between employers and employees or associations or unions thereof, the employers and representatives of the employees have the right of recourse to federations of employers and federations of employees.

(2) A federation of employers and a federation of employees shall, within three days after the date following receipt of an application, establish a committee on a basis of parity for resolution of a labour dispute and shall notify the Public Conciliator thereof.

(3) An agreement reached by a federation of employers and a federation of employees is binding on the parties to a dispute.

Chapter II

Conciliation

§ 8. Conciliator

(1) Conciliators are impartial experts who help the parties to labour disputes reach mutually satisfactory resolutions.

(2) Conciliators are the Public Conciliator or local conciliators. The statutes of offices of conciliators are approved by the Government of the Republic.

(3) The Public Conciliator is appointed to office for a term of three years by the Government of the Republic on the basis of a joint agreement of the Ministry of Social Affairs and central, federations of employers and federations of employees.

(02.06.98 entered into force 06.07.98 - RT I 1998, 57, 858)

(4) The Public Conciliator appoints a local conciliator for resolution of a labour dispute in prior co-ordination with the local government, or the Public Conciliator processes the dispute. Labour disputes between federations of employers and federations of employees are resolved by the Public Conciliator.

(5) Upon release of a local conciliator from the duties of his or her principal job for the period of performance of the duties of a conciliator, he or she is compensated for unreceived remuneration pursuant to procedure prescribed by law.

§ 9. Duty of conciliator

The duty of a conciliator is to effect conciliation of the parties. A conciliator shall identify the reasons for and circumstances of a labour dispute and shall propose resolutions.

§ 10. Rights of conciliators

(1) Conciliators have the right to invite the parties to participate in conciliation proceedings.

(2) Conciliators have the right to engage qualified persons or experts and competent officials in their work, who are compensated for unreceived remuneration pursuant to procedure prescribed by law upon their release from the duties of their principal jobs.

§ 11. Conciliation of parties

(1) Conciliation is effected through the mediation of a conciliator or on the basis of a proposal made by a conciliator. The parties shall reply to the proposal of a conciliator within three days.

(2) Parties are required to participate in conciliation proceedings, send their fully authorised representatives to participate in the conciliation proceedings and submit documents necessary for the substantive resolution of the matter by the date specified by the conciliator.

(3) Conciliation is documented by a report, which shall be signed by the representatives of the parties and the conciliator. A report shall also be prepared if no agreement is reached.

(4) A conciliation contained in a signed report is binding on the parties and enters into force upon signature, unless a different date is agreed on.

(5) A conciliator and the participants in the resolution of a labour dispute shall maintain any production, business or trade secrets which become known to them during the conciliation proceedings.

§ 12. Resolution of labour disputes in court

(1) Failing agreement between a federation of employers and a federation of employees in a dispute arising from the performance of a collective agreement, the federations have the right of recourse to labour dispute committees or the courts for resolution of the dispute.

(2) Organisation of strikes or lock-outs is prohibited as of the date of recourse to a labour dispute committee or court.

(20.12.95 entered into force 01.09.96 - RT I 1996, 3, 57)

§ 13. Creation of right to strike or lock out

(1) The right of employees or unions or federations of employees to organise a strike and the right of employers or associations or federations of employers to lock out employees to resolve a labour dispute arises only if there is no prohibition against disruption of work in force, if conciliation procedures prescribed in this Act have been conducted but no conciliation has been achieved, if an agreement is not complied with, or if a court order is not executed.

(2) In the case of a strike or lock-out, the parties are required to resume negotiations in order to reach an agreement in the collective labour dispute.

Chapter III

Strikes and Lock-outs

§ 14. Decision-making

(1) A decision to organise a strike is made by a general meeting of employees or a union or federation of employees.

(2) A decision to organise a lock-out is made by an employer.

§ 15. Advance notice of strike or lock-out

(1) Organisers of a strike or lock-out are required to notify the other party, a conciliator and the local government of a planned strike or lock-out in writing at least two weeks in advance. The notice shall set out the reasons, exact time of commencement and possible scope of the strike or lock-out.

(2) An employer is required to inform the parties with whom the employer has contracts, other interested enterprises or agencies and the public through the media of a strike or lock-out.

§ 16. Direction of strike

(1) A strike is directed by a person or persons (strike leader) authorised by a general meeting of employees or a union or federation of employees which makes the decision to organise a strike.

(2) A strike leader shall act within the limits prescribed by international legislation binding on the Republic of Estonia, Acts and other legislation of Estonia and resolutions of the general meeting of employees or a union or federation of employees authorising the strike leader, shall represent the interests of those who authorised the strike leader during a strike and shall inform the public through the media about the course of resolution of the labour dispute. Such authority terminates if the parties sign a conciliation (agreement) on the manner of regulation of the labour dispute, if the strike is declared unlawful by a court, or on the basis of a decision of the bodies authorising the strike leader.

(3) In the exercise of the authority of a strike leader, a strike leader does not have the right to adopt decisions which are within the competence of state bodies, government agencies or other organisations or the other party to the labour dispute.

(4) A strike leader is required to apply measures to preserve the assets of the other party and to maintain the rule of law and public order, and is liable for violations of law and damage caused by a strike.

17. Direction of lock-out

A lock-out is directed pursuant to the procedure determined by the employer.

§ 18. Warning and support strikes

(1) Employees and their unions or federations have the right to organise warning strikes with a duration of up to one hour.

(2) Support strikes are permitted in support of employees engaging in a strike. The duration of such strikes shall be decided by the representative, union or federation of the employees who makes the decision to organise the strike. A support strike shall not last longer than three days.

(3) A representative, union or federation of employees is required to notify the employer, association or federation of employers and the local government of a planned warning or support strike in writing at least three days in advance.

§ 19. Postponement or suspension of strike or lock-out

(1) The commencement of a strike or lock-out may be postponed once: >by one month by the Government of the Republic on the proposal of the Public Conciliator or by two weeks by the city or county government on the proposal of a local conciliator.

(2) The Government of the Republic has the right to suspend a strike or lock-out in the case of a natural disaster or catastrophe, in order to prevent the spread of an infectious disease or in a state of emergency.

§ 20. Freedom to participate in strike

(1) Participation in a strike is voluntary.It is prohibited to impede the performance of work by employees who do not participate in a strike.

(2) It is prohibited for individuals who are not employed by an enterprise, agency or other organisation where a labour dispute arises or who do not represent the employees pursuant to procedure prescribed by law to instigate a strike.

§ 21. Restrictions on right to strike

(1) Strikes are prohibited:

1) in government agencies and other state bodies and local governments;

2) in the Defence Forces, other national defence organisations, courts, and fire fighting and rescue services.

(2) Agencies and other organisations specified in subsection (1) of this section shall resolve collective labour disputes by negotiations, through the mediation of a conciliator or in court.

(3) In enterprises and agencies which satisfy the primary needs of the population and economy, the body which calls a strike or locks out employees shall ensure indispensable services or production which shall be determined by agreement of the parties. In the case of disagreements, indispensable services or production shall be determined by the Public Conciliator whose decision is binding on the parties.

(4) A list of enterprises and agencies which satisfy the primary needs of the population and economy shall be established by the Government of the Republic.

§ 22. Unlawful strikes and lock-outs

(1) Strikes or lock-outs for the purpose of affecting the activities of courts are unlawful.

(2) Strikes or lock-outs which are not preceded by negotiations and conciliation proceedings are unlawful.

(3) Strikes or lock-outs which are called or organised in violation of the procedure established by this Act or in which demands are submitted which are unregulated by labour legislation or collective agreements are unlawful.

§ 23. Declaration of strikes or lock-outs as unlawful

(1) A decision to declare a strike or lock-out unlawful is made by a court.

(2) The court shall communicate its decision to the parties to the labour dispute and to the public through the media.

Chapter IV

Final Provisions

§ 24. Rights and liability of participants in strikes or lock-outs

(1) Participation in a lawful strike shall not be considered to be a breach of work discipline and shall not result in disciplinary punishment.

(2) Persons who organise or resume a strike or lock-out which has been declared unlawful or has been suspended and persons who commence (resume) a strike or lock-out which has been postponed, before the specified time, are held liable pursuant to procedure prescribed by law.

(3) It is prohibited to terminate the employment contracts of participants in lawful strikes on the initiative of an employer during a strike.

§ 25. Remuneration during strike or lock-out

(1) Employees are not paid wages for the period of a strike or lock-out.

(2) An employee who does not participate in a strike but who cannot perform his or her work by reason of the strike shall be remunerated by the employer on the same bases as for the period of work stoppages which are not the fault of the employee or to the extent prescribed by a collective agreement.

(3) An employee who cannot perform his or her work by reason of a lock-out which has been declared unlawful shall be deemed to be unlawfully suspended from work, and he or she shall be paid average wages for the period of the lock-out.

(4) Upon full or partial satisfaction of the demands of employees or a union or federation of employees, the employer shall pay compensation in an amount agreed upon by the parties to the employees or the union or federation of employees who called the strike.

§ 26. Liability in case of strike or lock-out declared unlawful

(1) If a strike is declared unlawful, the organisers of the strike are held liable pursuant to procedure and to the extent prescribed by law.

(2) If a lock-out is declared unlawful, the organiser of the lock-out is held liable pursuant to procedure and to the extent prescribed by law.

§ 27. Covering of expenses

Expenses relating to the resolution of a collective labour dispute are covered by the party at fault or are divided between the parties by agreement.

§ 28. Making up for time lost by reason of strike

By agreement of the parties to a labour dispute, participants in a strike may make up for the time lost by reason of a strike outside of working hours. Time spent making up for the time lost by reason of a strike shall not be deemed to be overtime or work on days off or public holidays.

* RT = Riigi Teataja = State Gazette