Estonia

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Estonia’s overall score is 85 out of 100. The overall score for Estonia is lower than the regional average observed across Eastern Europe (88). Within the Eastern Europe, the highest score is observed for Greece & Hungary (96).

Estonia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1994 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1994.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§29 & 48 of Constitution of Estonia 1992; Trade Union Act, 2000

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§29 & 48 Constitution of Estonia 1992; Collective Agreements Act, 1993

Does the law provide for the right to strike?

No

0

Constitution of Estonia 1992; §21 of the Collective Labour Dispute Resolution Act 1993; ITUC Global Rights Index 2024 (Estonia Profile)

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§23.2,23.3 of the Collective Labour Dispute Resolution Act 1993

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §29 & 48 of Constitution of Estonia 1992; Trade Union Act, 2000

Information

Source: §29 & 48 Constitution of Estonia 1992; Collective Agreements Act, 1993

Information

Source: Constitution of Estonia 1992; §21 of the Collective Labour Dispute Resolution Act 1993; ITUC Global Rights Index 2024 (Estonia Profile)

A : National Law

National Labour Legislation

""§ 21. Restrictions on right to organise strike (1) Strikes are prohibited: 1) in governmental authorities and other state bodies and local governments; 2) in the Defence League, courts, and rescue service agencies. [RT I, 20.03.2013, 1 – entry into force 01.04.2013] (11) Subsection (1) of this section is not applied to persons who are employed under an employment contract in an institution or organisation specified in that subsection, except for rescue workers employed under an employment contract in a rescue service agency and persons employed under an employment contract in the Ministry of Defence, the Defence Resources Agency, the Defence Forces or the Defence League. [RT I, 20.03.2013, 1 – entry into force 01.04.2013] (2) Institutions and other organisations specified in subsection (1) of this section shall resolve collective labour disputes by negotiations, by the medium of the Public Conciliator or in court. (3) In enterprises and institutions 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 institutions which satisfy the primary needs of the population and economy shall be established by the Government of the Republic.""

C : ITUC

ITUC Global Rights Index (country legal profile)

"The law authorizes the government to draw up a list of companies and other organizations responsible for meeting the essential needs of the population and the economy. But 13 years have passed since the Collective Labor Dispute Resolution Act was enacted and such a list has still not been established."

Information

Source: §23.2,23.3 of the Collective Labour Dispute Resolution Act 1993

A : National Law

National Labour Legislation

"§ 23 2 . Continuation of a strike or lockout declared illegal or suspended (1) Continuation of a strike or lockout that has been declared illegal or suspended, as well as starting or continuing a postponed strike or lockout earlier than the appointed time - shall be punished by a fine of up to 200 fine units or arrest. (2) For the same act, if it has been committed by a legal entity, - shall be punished with a fine of up to 3,200 euros. § 23 3 . Organizing the continuation of a strike or lockout that has been declared illegal or has been suspended or postponed (1) Starting or continuing a strike or lockout that has been declared illegal or suspended, as well as postponed, before the appointed time - shall be punished by a fine of up to 300 fine units or by arrest. (2) For the same act, if it has been committed by a legal entity, - shall be punished with a fine of up to 3,200 euros. "