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Estonia · Bill · UA

383

The Act on Amendments to the Collective Agreement Act and Other Acts

avaldatud riigiteatajasEstonia· Riigikogu· ET

Introduced

3 May 2021

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Status

AVALDATUD_RIIGITEATAJAS

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Discovery layer

Source updated

25 August 2021

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Summary

The bill brings the regulation on the extension of the condition of the collective agreement into line with the freedom of entrepreneurship protected by the constitution, while ensuring the ability of social partnership and collective involvement. The extension regulation concerns collective agreements concluded between employers and trade union confederations or central confederations. The aim is that the wage, working and rest time conditions can be extended to the entire sector only if there is a total of agreed employers who offer work to at least 40 percent of the employees of the respective field of activity and a union of trade unions or a trade union bringing together members of the same field of activity, whose members make up 15 percent of the employees of the field of activity or which has at least 500 members. Before concluding an agreement, it is a duty to publicly inform and involve all employees and employers, in respect of whom it is desired to extend the conditions. The main problem with the current order is the lack of preconditions and application criteria for the extension, as a result of which it is possible for a small group to agree on the extension of obligations to the entire sector. This entails a disproportionate restriction on entrepreneurial freedom. The bill also amends the Trade Unions Act and the Employee Trustee Act, specifies the employer's obligation to provide time off from working hours to perform tasks related to the trustee's activities, even when trustees is more than one. In addition, the Employment Contracts Act is amended, the compensation paid in the event of nullity of the termination of the employment relationship is increased in a situation where the employment relationship is terminated without a legal basis with a pregnant woman, with the right to maternity or maternity leave, or with an employee who is an employee representative. The Public Service Act will also be amended, the compensation paid in the event of nullity of the termination of the employment relationship will be increased in a situation where the employment relationship is terminated without with an official who is pregnant without legal grounds, has the right to maternity or maternity leave, is raising a child under the age of seven, or is a representative of officials. Technical changes are still being made to both the Collective Agreement Act and the Act on the Working Conditions of Employees Posted to Estonia, which do not involve any changes in the current practice. With the second reading of the bill, temporary amendments were added to the Labor Market Services and Support Act and the Unemployment Insurance Act, which the purpose is to assist registered unemployed by paying an additional one-time unemployment benefit or unemployment insurance benefit for 60 days, if the following conditions are met in the month of the end of the unemployment benefit payment period or unemployment insurance benefit period: 1) the registered unemployment rate in the previous calendar month was higher than 8.5%; 2) the unemployment insurance benefit period ends between September 1, 2021 and February 28, 2022.

Machine translation from Estonian. The official text remains authoritative.

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37 official files

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