Print Employees’ Representatives Act
Passed 16 June 1993
(RT1 I 1993, 40, 595),
entered into force 16 July 1993,
amended by the following Acts:
18.12.2002 entered into force 01.01.2003 - RT I 2002, 111, 663;
08.03.2000 entered into force 07.04.2000 - RT I 2000, 25, 144.
§ 1. Purpose of Act
This Act provides the legal bases for the activities of employees’ representatives in labour relations between employees who authorise the representatives and employers.
§ 2. Definitions
(1) A representative is an employee of an enterprise, agency or other organisation (hereafter enterprise) who is elected by the members of a union of employees or by a general meeting of employees who do not belong to a union of employees to represent the employees in labour relations with the employer.
(2) For the purposes of this Act, a union of employees is an association of employees formed to represent and protect the interests of employees in labour relations.
§ 3. Election and removal of representative
(1) A representative shall be elected:
1) by the members of a union of employees;
2) by a general meeting of employees who do not belong to a union of employees.
(2) All unions of employees and general meetings of employees who do no belong to a union of employees have the right to elect more than one representative if necessary. If more than one representative is to be elected, the number of representatives shall be agreed upon with the employer.
(08.03.2000 entered into force 07.04.2000 - RT I 2000, 25, 144)
(3) The procedure for election of a representative and his or her term of authority shall be determined on the basis of the statutes of the union of employees or by the general meeting of employees.
(4) The employer shall be notified of the representative elected in writing.
(5) The procedure for premature removal of a representative shall be the same as the procedure for election.
§ 4. Persons authorising representative
(1) A representative of a union of employees represents the members of the union.
(2) A representative elected by a general meeting of employees who do not belong to a union of employees represents the employees who do not belong to a union.
(3) A representative may simultaneously represent the members of different unions of employees and employees who do not belong to a union of employees on the basis of authorisation granted by the general meeting and corresponding decisions made by the unions of employees.
(4) Representatives authorised by different persons may form a joint committee in an enterprise to co-ordinate their work.
(5) If several representatives are elected in an enterprise, the union (unions) of employees and the general meeting of employees may, by a joint decision, elect a chief representative from among the representatives.
§ 5. Duties of representative
On behalf of the persons who authorised him or her, a representative is required to:
1) represent employees in labour relations with the employer;
2) monitor compliance with the terms of collective agreements, employment contracts and labour laws;
3) observe the obligation of the employees to refrain from striking during the term of a collective agreement;
4) mediate between the parties to labour disputes;
5) communicate information concerning labour relations known to him or her to the employer or the employer’s representative and to employees, their unions and federations;
6) maintain any production, business or professional secrets which become known to him or her.
§ 6. Rights of representative
(1) On behalf of the persons who authorised him or her, a representative has the right to:
1) examine freely the working conditions and the organisation of work at all workstations;
2) receive information from the employer necessary for exercising the representative's authority;
3) suspend the termination of employment contracts due to a lay-off of employees under the conditions provided for in § 893 of the Employment Contracts Act (RT 1992, 15/16, 241; RT I 1993, 10, 150; 26, 441; 1995, 14, 170; 16, 228; 1996, 3, 57; 40, 773; 45, 850; 49, 953; 1997, 5/6, 32; 1998, 111, 1829; 1999, 7, 112; 16, 276; 60, 616; 2000, 25, 144; 51, 327; 57, 370; 102, 669; 2001, 17, 78; 42, 233; 53, 311; 2002, 61, 375; 62, 377; 110, 656; 111, 663);
(18.12.2002 entered into force 01.01.2003 - RT I 2002, 111, 663)
4) receive information from the employer on points of dispute arising from labour relations;
5) disseminate freely information pertaining to work and the activities of the union of employees;
6) use, upon agreement with the employer, the premises, telecommunications systems, photocopying facilities and means of transportation of the employer, for the performance of the representative's duties;
7) notify the owner of the enterprise, government agencies, unions and federations of employees of violations of labour laws, collective agreements, employment contracts or other agreements pertaining to work committed by the employer.
(2) A chief representative has the right upon agreement with the employer to arrange meetings with the representatives during working time.
§ 7. Employment relationship of representative
(1) An employee who is elected as a representative shall remain in an employment relationship with the employer.
(2) The employee shall, upon agreement with the employer, perform the tasks of a representative outside of working time, during working time or as a principal job (throughout the working week). The conditions and procedure for performance of the tasks of a representative outside of working time or during working time shall be agreed upon by the representative and the employer.
(08.03.2000 entered into force 07.04.2000 - RT I 2000, 25, 144)
(3) At the request of a representative, an employer is required to allow the representative to perform his or her duties during working time:
1) if the representative represents 5 to 100 employees – minimum 4 hours per week;
2) if the representative represents 101 to 300 employees – minimum 8 hours per week;
3) if the representative represents 301 to 500 employees – minimum 16 hours per week;
4) if the representative represents more than 500 employees – throughout the working week.
(08.03.2000 entered into force 07.04.2000 - RT I 2000, 25, 144)
(4) Upon agreement, an employer may allow a representative to perform his or her duties during working time throughout the working week even if the representative represents less than 500 employees.
(08.03.2000 entered into force 07.04.2000 - RT I 2000, 25, 144)
(5) The employment contract of an employee who performs the duties of a representative is suspended pursuant to § 55 of the Employment Contracts Act for the period he or she performs the duties of a representative.
§ 8. Guarantees to representative
(1) An employee shall continue to receive from the employer the employee’s average wages and any benefits and guarantees provided by labour laws, a collective agreement or employment contract throughout the period the employee performs the duties of a representative.
(2) (Repealed - 08.03.2000 entered into force 07.04.2000 - RT I 2000, 25, 144)
(3) Guarantees to employees provided by laws or collective agreements shall extend to representatives during the period of time they represent employees.
§ 9. Resolution of disputes
Disputes arising upon implementation of this Act are resolved pursuant to the procedure provided for in the Collective Labour Dispute Resolution Act (RT I 1993, 26, 442; 1996, 3, 57; 1998, 57, 858; 2002, 63, 387) or in court.
1 RT = Riigi Teataja = State Gazette