Controversy over civil servants' right to strike

According to Estonian legislation, civil servants do not have the right to strike, with conciliation providing the only method of conflict resolution. Trade unions have proposed changes to the law, arguing that, while there should be limits, all workers working in public services should not be prohibited from striking. Controversy over the issue mounted during 2004.

The main legal act dealing with the resolution of collective labour disputes and the calling and organisation of strikes and lock-outs is the Collective Labour Dispute Resolution Act (which entered into force in June 1993) (EE0402102F). A collective labour dispute is defined as a disagreement between an employer or an association of employers and employees or a union of employees that arises from entry into, or performance of, collective agreements, or from the establishment of new employment conditions (EE0309102F). The parties must consult the public conciliator in writing if an agreement is not reached through negotiations and the threat of a disruption of work arises. The right of employees to organise a strike to resolve a labour dispute arises only if: there is no prohibition against disruption of work in force; the conciliation procedure is not successful; an agreement is not complied with; or a court order is not executed.

According to the Collective Labour Dispute Act, strikes are prohibited in the following institutions:

• government agencies and other state bodies and local government; and

• the defence forces, other national defence organisations, courts and firefighting and rescue services.

In the abovementioned agencies and organisations, collective labour disputes should be resolved by negotiations, through the mediation of a conciliator or in the courts. An agreement concluded during the conciliation process in compulsory for both parties. According to Kalle Liivamägi, chair of the Trade Unions of State and Self-government Institutions Workers (Riigi- ja Omavalitsusasutuste Töötajate Ametiühingute Liit, ROTAL), the current system of conflict resolution in these organisations is not sufficient to provide solutions. If an agreement is not concluded during the conciliation process, there are no legal options for civil servants to protect their rights.

Collective bargaining over civil service pay

Given the current law, the Confederation of Estonian Trade Unions (Eesti Ametiühingute Keskliit, EAKL) (EE0308101F) and ROTAL (represents the interests of civil servants) have no legal tools to bring pressure on the government in the collective bargaining process. According to Mr Liivamägi of ROTAL the total payroll fund for civil servants has not increased since 1997. While there have been changes in the civil servants’ wage scale, this means that pay has increased only for certain categories and that for lower-level salary groups the pay increase has been inconsiderable. During these years, the minimum wage has increased, but there have been no additional resources provided to support the increases in wage expenditure. This means that local municipalities and state institutions have to find internal resources to cover these changes.

The last wage agreement between the government and EAKL was concluded in 2001. In 2003, EAKL tried to obtain a pay rise of 6% for civil servants in lower salary groups, but did not succeed and no agreement was signed. On 13 April 2004, EAKL and the government started bipartite negotiations to discuss wage conditions for civil servants for 2005. EAKL’s aim was to achieve a pay rise of 20% for civil servants for 2005 in 25 lower salary groups (there are 35 salary groups for civil servants in Estonia) (EE0405102N). The government took the position that such a pay rise is unthinkable, as it is not possible to use the same criterion in measuring every civil service worker’s effort, as it is for example in manufacturing. However, on 22 April, the government launched discussion of a new concept document for developing the public service. The aim is to make the remuneration of civil servants more flexible, and this document should form the basis for a new draft Public Service Act.

Trade union action

Since 1996, ROTAL has informed and consulted with international organisations about the situation regarding civil servants industrial action in Estonia. They first turned to the International Labour Organisation (ILO) and received the response that, in most industrialised countries, the right to strike is recognised for all public employees with the exception of the police and army. In those countries where the right to strike is recognised in the public service, there are, nonetheless, a set of limitations to its exercise which need to be respected. These usually refer to the objective of the industrial action, its form, the status of the public employees, the maintenance of minimum services in essential services, or the requirement of prior notice, rather than a total ban on the exercise of the right to strike.

Based on this support from ILO, ROTAL has tried to initiate amendments to the relevant legislation. A first attempt was made in 1999 when, in a letter to the Ministry of Social Affairs, ROTAL stated that the current situation restricts the constitutional rights of civil servants in Estonia. ROTAL’s standpoint is that there could be limits (in the case of defence forces and rescue services), but it does not agree that all workers working in public services should be prohibited from striking. There are three categories of employees in public sector:

• public servants working according to the law on civil servants and having special employment guarantees;

• technical personnel working in the state institutions and local municipalities; and

• temporary workers, fulfilling certain tasks over a limited period.

According to ROTAL, at least the two latter categories should have the right to strike. The latest proposal from trade unions to make changes to the legislation concerns the Collective Labour Dispute Act. They propose that striking should be prohibited only for the following categories:

• leaders of local municipalities and state agencies;

• employees employed under the terms of the Public Service Act; and

• military, defence and rescue officials (including judges, police etc)

Legislative amendments to this effect passed a first reading in parliament (the Riigikogu) but then were voted out during parliamentary discussions. This means that the amendments were basically rejected and the question of civil servants’ right to strike is still unresolved. European Committee of Social Rights has stated that the current situation on strike rights for civil servants in Estonia contradicts the principles of the European Social Charter.

During 2004, EAKL and ROTAL have gained support for their demands from several international trade union organisations. For example, Public Services International (PSI) has stated that it shares the concern of its Estonian colleagues about the delay taken by the parliamentary social commission in approving the draft changes to the Collective Labour Dispute Resolution Act. It strongly supports and welcomes the intention to include the democratic right to strike in Estonian legislation. The right to strike for state and municipal employees is foreseen by the European Social Charter, according to PSI, and should certainly be included in the legislation in question.

Commentary

It seems that the issue of public employees’ right to strike remains a controversial issue in Estonia, as it is in many countries. Today, the arguments against the recognition of the right to strike for public employees is that public service strikes inflict more damage on the public than on the employer, and interrupt the so-called 'essential services' that the state needs to continue to provide to the population in general. Another very common argument is that increasing strike action by public employees may be a major threat to the balance of public finances and indirectly curtail general efforts to implement anti-inflationary incomes policies. This argument has been strongly supported by employers’ organisations.

According to the Estonian Prime Minister, Juhan Parts, the planned changes to the Public Service Act should solve the problem. It is thought that the chance to change the law and give the right to strike to certain categories of public employees will be in January 2007, when it is planned to implement new amendments to the Public Service Act. (Raul Eamets and Kaia Philips, University of Tartu)