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Collective Labour Dispute (Strike, Lock-Out)

Viimati uuendatud: 23.02.2017


Collective labour dispute is a disagreement between the employer (their confederation) and employees (their union or association, i.e. trade union or federation of trade unions) regarding the conclusion and implementation of the collective agreement, and the enforcement of new working conditions. Collective labour dispute may thus arise over interests (conclusion of the collective agreement and enforcing new working conditions) or rights (enforcement of the collective agreement and the interpretation of its’ clauses). In other words, a conflict of interests arises in new working conditions and questions not covered by the valid collective agreement, but a legal conflict indicates that the dispute is about the application and interpretation of the collective agreement or some legal rights.

The amended and updated European Social Charter (article 6 §4 is binding for Estonia) stipulates the principles that joint actions (incl. strike) can be organized only in the case of conflict of interests. The same principle is also included in the Charter of Fundamental Rights of the European Union (article 28). The legal conflicts are solved by arbitration court or court, not by protest actions and labour disputes.

The order of solving a labour dispute is set by the Collective Labour Dispute Resolution Act and the Statutes for the Collective Labour Dispute Conciliator.

 

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