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20 March, 2006
Mr. Andrus Ansip
Prime Minister
Republic of Estonia
Tallinn
Estonia
Brussels, 20 March 2006
Dear Prime Minister Ansip,
I write on behalf of the 20-million-member ICEM, the Global Union Federation representing workers in the energy, chemicals, mining and processed industries. Estonian unions, along with Nordic IN, a five-nation trade union federation of workers in basic industries, informed us about your country’s proposed Employees’ Representatives Act, which would replace a labour law which has been in effect since 1993.
The ICEM, and its 389 trade union affiliates in 122 countries, objects to the proposed amended law as an attempt to weaken the role of trade unions in Estonia. We also view the proposal as an erosion of the role and duties that union shop stewards perform.
I specifically refer to the way your government is planning to transpose a European Union directive (2002/14/EC), on informing and consulting employees, into the proposed new Estonian law. Article 1.2 of that Directive, which is also contained in ILO Convention No. 135 on Workers’ Representatives, states that information and consultation must be developed, taking into account national law and existing practices. The proposed Estonian law would exclude trade union shop stewards from these information and consultation procedures, and shop stewards would lose all their existing rights and guarantees.
Furthermore, even though it is required in ILO Convention Number 98, trade union representatives would no longer have protection from dismissals. On top of that, trade union shop stewards would lose the ability to carry out their legitimate responsibilities on the job because the proposed statute significantly reduces the allowed amount of time for this to occur.
In Estonia’s 1993 statute, a well-formulated list exists of issues over which employees must be consulted. This has been changed in the proposed amendment with a short, unclear formulation.
Additionally, the sanction or penalty for an individual employer representative who neglects the information and consultation section of this proposed law would be less than € 1,000. That is about the same penalty that an employee representative would face for failing to keep confidential information. Article 8.2 of the European Directive stipulates that there should be effective, proportionate and dissuasive sanctions in the event of infringement. The ICEM feels this is not the case in the proposed Employees’ Representatives Act of Estonia.
If adopted as the draft now stands, this legislation would be a major step backwards in the development of balanced labour market structures and mechanisms, as specified under the common EU social dialogue agenda.
The appointment of workplace employee representatives in parallel and alongside legitimate trade union shop stewards is directly contrary to this social model. Unfortunately, the proposed Employees’ Representatives Act would provide this option to employers doing business in Estonia.
I urge you to use your influence to amend the proposed Act in such a way to ensure that the legitimate and universally accepted role of trade unions, and their elected shop stewards, is maintained. The ICEM will closely follow developments on this matter, and we intend to report directly to our affiliated trade unions on whether or not Estonia adopts the principle of a balanced social partnership between democratic and free trade unions, and employers.
Sincerely Yours,
Fred Higgs
General Secretary
ICEM