Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Estonia (Ratification: 1994)

The Committee takes note of the report supplied by the Government.

The Committee notes the comments made by the Confederation of Estonian Trade Unions (EAKL) concerning an amendment to the Income Tax Act adopted in December 2002, which requires trade unions to submit to the local tax boards from the year 2004 onwards, details on membership and entrance fees. This provision was supplemented by a regulation requiring the unions to present the tax authority with a list of trade union members and the amount of their membership and entrance fees paid during the previous year. While noting the Government’s indication that the aim of this amendment was merely to simplify the administration of tax deductions for trade union dues, the Committee must further note the concerns raised by the EAKL that they were not previously consulted on this amendment as well as their statement that the obligation to furnish a list of trade union members to the public authorities constitutes undue interference in their internal affairs, contrary to the Convention. The Committee therefore requests the Government to review the new amendment to the Income Tax Act and any relevant regulations in full consultation with the social partners concerned, with the aim of finding a solution to the administrative issues involved which would not run the risk of interfering in internal trade union affairs.

The Committee had previously requested the Government to supply the list of essential services so that it could examine its conformity with the principles of freedom of association. The Committee notes the Government’s statement that a list of minimum services is drafted and will be submitted for adoption with other draft amendments of the Collective Labour Disputes Resolutions Act in December 2003. The Committee requests the Government to supply the list of essential services as well as the abovementioned amendments as soon as they are adopted.

As regards the right to strike of seafarers, the Committee had previously requested the Government to indicate the relevant legislative provision of the Maritime Service Act, which ensures this right to this category of workers. The Committee notes the Government’s statement that the seafarer’s right to strike is not provided by a special legislative act and that no court judgements have been issued on this matter. According to the Government, the only restrictions to the right to strike of this category of workers are those provided by the collective agreement and section 22(1) and (2) of the Collective Labour Dispute Resolution Act, which provides that strikes aimed at affecting court judgements and those which are not preceded by negotiations and conciliation proceedings, are illegal. The Committee recalls, however, that section 21(1)(1) of the Act explicitly prohibits strike action aboard vessels. The Committee once again requests the Government to clarify this provision and to indicate whether seafarers are able to exercise the right to strike when vessels are docked.