Weekly Rest (Industry) Convention, 1921 (No. 14) - Estonia (Ratification: 1923)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2, 4 and 5 of the Convention. Minimum weekly rest period – Total or partial exceptions – Compensatory rest. The Committee notes the Government’s indication that the weekly rest in industry is now regulated by the Employment Contracts Act of 17 December 2008 which repealed the Working and Rest Time Act of 2001. The Government explains that the Employment Contracts Act has been drawn up to satisfy the requirements of EU Directive 2003/88/EC which basically recognizes that every worker is entitled to a minimum uninterrupted period of 24 hours plus 11-hour daily rest for each seven day period. The Committee notes in particular that under section 52 of the Employment Contracts Act, no employee may be left over a period of seven days with less than 48 hours of consecutive rest time (or less than 36 hours in case of calculation of total working time) unless otherwise provided by law. It is unclear, however, whether any derogations from that provision are in fact permitted (possibly in line with the derogations allowed under sections 17 and 18 of EU Directive 2003/88/EC), and if so, whether such derogations would impact on the minimum weekly rest period of 24 consecutive hours prescribed by the Convention. The Committee accordingly requests the Government to provide additional explanations in this regard, and to specify whether provision is made for compensatory rest period in case of total or partial exceptions to the principle of 24-hour weekly rest.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Scope of application. The Committee understands that new legislation has been enacted in order to implement the EU working time directive for the road transport sector. While noting that the road transport sector comprises approximately 1,900 enterprises employing 18,000 mobile workers, the Committee requests the Government to provide more detailed information, including any relevant laws, regulations or collective agreements not previously transmitted on the application of the Convention in the road transport industry.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government that there have been less than ten cases in the last three years whereby the temporary diminution of the weekly rest period from 36 to 24 hours has been authorized by virtue of section 21(4) of the Working and Rest Time Act of 2001, as last amended in March 2003. It would appreciate if the Government would continue providing up to date information in this regard, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of collective agreements containing clauses on weekly rest, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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

Article 4 of the Convention. Section 21(4) of the Working and Rest Time Act of 2001 authorizes, as was already the case in section 28(4) of the Working and Rest Time Act of 1993, that exceptions to the general weekly rest scheme may be made with the agreement of the labour inspection of the location of the employer. The Government has indicated that, in granting any exceptions, the labour inspector has to respect a cooperation agreement signed by the Trade Union Association and the National Labour Inspectorate in 1998 stipulating that the labour inspector should ask the trade union in question for additional information concerning circumstances on possible exceptions.

The Committee would be grateful if the Government provided it with a copy of the cooperation agreement.

Article 5 of the Convention. In its previous direct request, the Committee has pointed out that Estonian legislation provides alternatively for compensatory rest or higher remuneration for persons working on weekly rest days, while the Convention is asking, as far as possible, for compensatory periods. The Committee notes with interest that the new Working and Rest Time Act of 2001 provides under section 21(4) that, irrespective of exceptions to the general weekly rest of 36 consecutive hours, a minimum weekly rest of 24 consecutive hours is obligatory.

Article 6 of the Convention. The Committee invites the Government to communicate, in so far as possible, a list of the exceptions to the provisions of Article 2 authorized in accordance with Article 4.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and requests clarification as regards the following points.

Article 4 of the Convention. Section 28(4) of the Working and Rest Time Act contains a general clause for authorization of exceptions from the weekly rest period without definition of the possible exceptions. According to Article 4, exceptions may be authorized, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers. The Committee requests the Government to indicate how the national legislation ensures the full application of this Article and to state the methods adopted for consulting the responsible associations of employers and workers.

Article 5. This Article provides that each Member shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4. Sections 28(4) and 30 of the Working and Rest Time Act provide for certain permanent and temporary exceptions, without determination of compensatory rest periods. Alternatively, section 15 of the Wage Act allows for compensatory rest or higher remuneration. The purpose of the Convention is to ensure at least one uninterrupted weekly rest period and therefore as far as possible compensatory rest periods. Higher remuneration shall only compensate the work on a weekly rest day as an exceptional case. Section 15 does not provide for this relation of principle and exception in accordance with Article  5 of the Convention. The Committee requests the Government to undertake the necessary steps in the near future to bring the national legislation into conformity with Article 5 of the Convention and to report to the Committee on the progress already achieved.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report, which only contains information on the application of Article 4 of the Convention. The Committee trusts that the next report will contain all the detailed information on the application of the Convention which is called for in the report form approved by the Governing Body.