RT I 2007, 2, 6
Entry into force 01.02.2007
|17.12.2008||RT I 2009, 5, 35||01.07.2009|
|22.04.2010||RT I 2010, 22, 108||01.01.2011, enters into force on the date determined by the Decision of the Council of the European Union on abrogation of a derogation established in respect of the Republic of Estonia on the basis of Article 140(2) of the Treaty on the Functioning of the European Union, Council Decision No. 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24–26).|
|25.01.2012||RT I, 10.02.2012, 1||20.02.2012|
|13.06.2012||RT I, 06.07.2012, 1||01.04.2013|
|19.06.2014||RT I, 12.07.2014, 1||01.01.2015|
(1) This Act regulates the activities of an employees’ trustee (hereinafter trustee) in representing the employees and officials (hereinafter employee), who authorised him or her, in relations with the employer and the employees.
[RT I, 06.07.2012 – entry into force 01.04.2013]
(1) A trustee is an employee of an employer who is elected by the general meeting of the employees of the employer (hereinafter general meeting) as their representative in the performance of the duties arising from the law in relations with the employer.
In case of several trustees, every trustee may represent the employees in the performance of all duties arising from the law, unless the general meeting has decided that the trustees or some of them may represent the employees jointly.
(1) The general meeting may be called by:
1) a trade union operating at the employer,
2) the majority of the members of a trade union who are employed with the employer if the trade union has not been founded at the employer, or
3) at least 10 per cent of the employees of the employer.
(6) The general meeting shall immediately notify the employer in writing or in a format which can be reproduced in writing of the election of the trustee and the term of his or her authority and of removal of the trustee.
A trustee has the right to:
1) freely examine the working conditions, including the work organisation;
2) receive from the employer the information necessary for the performance of his or her duties and consult the employer on the basis of such information;
3) [repealed – RT I 2009, 5, 35 – entry into force 01.07.2009];
4) hold negotiations with the employer for entering into a collective agreement under the conditions and pursuant to the procedure provided for in the Collective Agreements Act if there is no trade union at the employer or no employees belonging to the trade union are employed with the employer;
5) represent employees in the resolution of a collective labour dispute under the conditions and pursuant to the procedure provided for in the Collective Labour Dispute Resolution Act if there is no trade union at the employer or no employees belonging to the trade union are employed with the employer;
6) to notify the interested trade union and federation or confederation of employers and trade unions of violation of working conditions by the employer;
7) have recourse to a labour dispute resolution body for resolution of a dispute arising from the confidentiality of the information obtained or refusal to provide information;
8) training for the performance of his or her duties pursuant to the procedure provided for in section 14 of this Act;
9) involve experts in the performance of his or her duties;
10) upon agreement with the employer, use the premises and other resources of the employer necessary for the performance of the duties of a trustee.
A trustee is required to:
1) participate in informing and consulting;
2) communicate information to the employer and to employees;
3) monitor compliance with working conditions and notify the employer and, if necessary, the labour inspector of the place of business of the employer, of violation;
4) at the request of an employee, represent the employee in a labour dispute with the employer before having recourse to a labour dispute resolution body;
5) co-operate in the avoidance of disruption of work if a collective agreement has been entered into by a trustee under the conditions and pursuant to the procedure provided for in the Collective Agreements Act;
6) co-operate with a shop steward, the working environment representative and working environment council.
(1) A trustee shall not disclose to third parties, during the term of authority or after the expiry of authority, personal data which has become known to him or her in the course of performance of his or her duties or any information provided by the employer expressly in confidence.
(2) A trustee shall not use unlawfully, during the term of authority or after the expiry of authority, personal data which has become known to him or her in the course of performance of his or her duties or any information provided by the employer expressly in confidence.
(3) The obligations specified in subsections (1) and (2) of this section shall not be applied to the communication between the trustee and another trustee elected at the same employer and an expert involved in consulting.
(3) The employer shall guarantee to the trustee for the performance of his or her duties during working time:
1) in case of representation of 5 to 100 employees, at least 4 hours per a working week;
2) in case of representation of 101 to 300 employees, at least 8 hours per a working week;
3) in case of representation of 301 to 500 employees, at least 16 hours per a working week;
4) in case of representation of over 500 employees, at least 40 hours per a working week.
A trustee shall be retained the average wages for the time of performance of his or her duties pursuant to subsection 13(3) of this Act and for the time of training.
[RT I 2009, 5, 35 - entry into force 01.07.2009]
(2) Upon refusal to provide information, the employer shall give justification based on objective criteria as to why the disclosure of the information seriously harms or may harm the activities of the employer.
(1) Informing means provision of information to a trustee or, in his or her absence, to the employees on an appropriate level which allows the employees to receive in due course a clear and sufficiently detailed overview of the structure and economic and employment situation of the employer and the possible development thereof and of other circumstances affecting the interests of employees, and also to understand the effects of the situation and other circumstances on the employees.
(2) Consulting means exchange of views and the establishment of a dialogue between the trustee or, in his or her absence, the employees and the employer on an appropriate level which allows the trustee or the employees to express opinions and obtain from the employer reasoned responses to the expressed opinions for the purposes of reaching an agreement on the provisions of clauses 20(1)2) and 3) of this Act.
(1) An employer shall inform and consult at least of the following circumstances pertaining to employees:
1) the structure of the employer, the staff, including the employees performing duties by way of temporary agency work, changes therein and planned decisions which significantly affect the structure of the employer and the staff;
[RT I, 10.02.2012, 1 - entry into force 20.02.2012]
2) planned decisions which are likely to bring about substantial changes in the work organisation;
3) planned decisions which are likely to bring about substantial changes in the employment contract relationships of employees, including termination of employment relationships.
(1) An employer shall provide information in a manner which enables to thoroughly examine the information and, if necessary, prepare for consultations with the employer. The employer shall provide information in writing or in a format which can be reproduced in writing, unless the parties have agreed otherwise.
(2) A trustee or, in his or her absence, the employees have the right to present a written opinion or make a proposal concerning the information received from the employer or notify of the intention to commence consulting within 15 working days as of the receipt of the information. If the employer does not take the proposals into consideration, the reasons therefor shall be given at the earliest opportunity in writing or in a format which can be reproduced in writing.
State supervision over compliance with the requirements provided for in clauses 9 1) and 2), subsection 13(3) and sections 17, 18 and 20 of this Act shall be exercised by the Labour Inspectorate under the conditions and pursuant to the procedure provided for in the Occupational Health and Safety Act.
[RT I 2009, 5, 35 - entry into force 01.07.2009]
§ 28. – § 30. [Omitted from this text]
1Directive 2002/14/EC of the European Parliament and of the Council establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.03.2002, pp. 29–34).