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 Appendix III Explanatory note concerning the preparation of reports on ratified Conventions General reporting arrangements ● The Governing Body of the ILO has adopted a report form for each Convention. You will find the report forms on the ILO website at the following address: http://www.ilo.org/normes. ● Three year and six year reporting intervals. Reports on ratified Conventions are due either every three years for fundamental and governance Conventions,1 or six years for all other Conventions, unless they are specifically requested out of the regular cycle by the supervisory bodies. ● Grouping of reports. In order to facilitate the gathering of information by ministries of labour at the national level, reports on Technical Conventions relating to the same subject matter are requested simultaneously. Detailed or simplified reports  The reports requested maybe detailed or simplified reports.  Detailed reports consist in reports which contain replies to all the points raised in the report form for the Convention concerned. Your Government should send a detailed report on its own initiative if there are major changes in the application of a ratified Convention - for instance, major new legislation or other changes in the way the Convention is applied. Detailed reports are also required in two other cases: (a) if it is the first report after the ratification of a Convention, and (b) if the Committee of Experts in a footnote to an observation or a direct request, or the Conference Committee, expressly asks for a detailed report.  Subsequent reports should be in the form of simplified reports. A report form was adopted by the ILO Governing Body to facilitate the work of the administrations. This form is available on the Standards Web site at the following address: https://www.ilo.org/global/standards/WCMS_665186/lang--en/index.htm  As explained in this report form, the information requested for simplified reports relates only to certain points. Please follow the practical advice contained in this form for the preparation of these reports. Replies to the comments of the supervisory bodies The reports detailed or simplified must contain replies to any comments regarding the application of the Convention in your country which have been addressed to your government by the Committee of Experts on the Application of Conventions and Recommendations or by the Conference Committee on the Application of Standards. For ease of reference, the text of the 1 Fundamental Conventions are: Conventions Nos. 29, 87, 98, 100, 105, 111, 138 and 182; Governance Conventions (also designated as priority Conventions) are: Conventions Nos. 81, 122, 129 and 144.  2 observations and direct requests concerned is attached in Appendix II as indicated in the cover letter. Communication to employers’ and workers’ organizations ● In all cases, your Government is required under article 23, paragraph 2, of the ILO Constitution to communicate copies of its reports to the representative organizations of employers and workers. ● Your Government is also kindly requested to include in its reports the names of the organizations concerned. ● For those member States which have ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), effective consultations with the representative organizations of employers and workers have to be held on any questions arising out of reports under article 22 of the Constitution. Observations by employers’ and workers' organizations Reports must contain the text of any observations made by the employers' and workers' organizations regarding the application of the Convention; and any comments your Government may wish to make on these observations. Copies of reports and documents Your Government is kindly requested to forward to the International Labour Office one copy of each report as well as one copy of any documents indicated as appended to the report. Deadline ● The reports should reach the Office between 1 June and 1 September 2022 at the latest. ● Your Government may send the reports in batches. ● You are encouraged to transmit your reports in electronic form (accompanied by a scanned document duly signed and attached to an e-mail). The submission of reports by fax or by mail remains possible. ● The reports should cover the period up to the time of transmission. Committee of Experts on the Application of Conventions and Recommendations Appendix II Estonia The Government is requested to include in the reports due between 1 June and 1 September 2022 replies to the points raised in the following comments made by the Committee of Experts on the Application of Conventions and Recommendations Fax: +41 22 7996771 International Labour Standards Department E-mail: [email protected]  Committee of Experts on the Application of Conventions and Recommendations Working time C014 Weekly Rest (Industry) Convention, 1921 (No. 14) Estonia Direct Request, 2013 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.  Committee of Experts on the Application of Conventions and Recommendations Occupational safety and health C174 Prevention of Major Industrial Accidents Convention, 1993 (No. 174) Estonia Direct Request, 2017 Article 5 of the Convention. System for the identification of major hazard installations. The Committee notes, with reference to its previous request concerning information on the effect given to this Article, that the Government indicates in its report that the Regulation of the Minister of Economic Affairs and Communication No. 40 of 2011 on the minimum danger levels of chemicals, the threshold quantities of dangerous chemicals, the hazard category of enterprises liable to be affected by a major accident and the procedure for identification of dangerous enterprises was adopted pursuant to EU Directive 96/82/EC as amended by Directive 2012/18/EC (Seveso-III). The Government reports that this Regulation provides for a system for the identification of hazard installations based on a list of hazardous substances and their respective threshold quantities. The Committee also notes the Government’s indication that all draft legal acts are open for public discussion through the Government’s information system website. Article 6. Protection of confidential information. The Committee notes the information provided by the Government regarding the protection of information relating to business secrets set out in the Administrative Procedure Act of 2001 (RT I 2001, 58, 354) and requirements provided under the Public Information Act of 2000 (RT I 2000, 92, 597) for its disclosure in which public interest and the environment are taken into consideration. Article 18(2). Right for representatives of employers and workers to accompany inspectors. The Committee notes the information provided by the Government in reply to its previous request concerning the effect given to this Article that when the labour inspectorate decides to notify the employer before undertaking an inspection, the employer is also notified about involving workers’ representatives (that must be elected in workplaces with more than 30 employees). The Government further indicates that, in practice, representatives of employers and employees can take part in the inspection. Article 20(c). Consultations with workers and their representatives. With reference to its previous request regarding further information on the specific legislation giving effect to Article 20(c), the Committee notes the Government’s indication that pursuant to the Occupational Safety and Health Act of 1999 (RT I 1999, 60, 616), the Chemicals Act of 1998 (RT I 1998, 47, 697) and the Employees’ Trustee Act of 2006 (RT I 2007, 2, 6), workers and their representatives are consulted in the elaboration and implementation of measures to improve the working environment. In this regard, the Committee takes note of the Government’s statement that workers and their representatives are given access to safety reports and emergency plans. However, the Committee notes that the aforementioned legislation does not regulate the consultation process of workers and their representatives in the preparation of, and their access to, accident reports, as set out in Article 20(c)(iii). The Committee therefore requests the Government to provide information on the legislative and practical measures taken or envisaged to ensure that the workers and their representatives are consulted in the preparation of, and have access to, accident reports.  Committee of Experts on the Application of Conventions and Recommendations Social security C019 Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) Estonia Direct Request, 2019 Article 1(2) of the Convention. Payment of benefits abroad. The Committee notes the Government’s indication in its report that, from 1 July 2016, work ability allowances are provided by the Unemployment Insurance Fund in case of total or partial inability to work according to the Work Ability Allowance Act of 2014. The Committee further notes that, as per section 17(2) of this Act, work ability allowances are paid upon request of the injured worker into his or her bank account in a foreign state, at the expense of the recipient. The Committee requests the Government to provide practical information on the manner in which the transfer of work ability allowances abroad is regulated with respect to persons having suffered industrial accidents or their dependants who reside in other States parties to the Convention: (a) in the case of national workers; and (b) in the case of foreign workers. It further requests the Government to supply statistical data, if any, on the payment abroad of work ability allowances to the persons concerned. The Minister of Social Affairs 29, Gonsiori Street 15027 TALLINN ESTONIE ACD 8-0 (2022) 23 March 2022 Reports on the application of ratified Conventions (Article 22 of the Constitution of the International Labour Organization) Dear Sir, I have the honour of writing to you concerning the reports and other information which your Government is required to provide this year on the application of the international labour Conventions ratified by your country, under article 22 of the International Labour Organization’s (ILO) Constitution. In order to facilitate the submission of reports by your country, I have enclosed to this communication the following information: • A list of the Conventions in respect of which your Government is invited to submit reports this year (Appendix I). • The comments (observations and direct requests) of the Committee of Experts on the Application of Conventions and Recommendations concerning the application of the above-mentioned Conventions, to which your Government is invited to reply this year in its reports (Appendix II). • An Explanatory Note concerning the preparation of reports on ratified Conventions (Appendix III). Although this communication and its appendices are sent electronically, the Office remains at your disposal to send them by post, upon request. Please note that you can find the report forms at the following address: https://www.ilo.org/dyn/normlex/en/f?p=1000:14002:::NO:::  2. In accordance with article 23, paragraph 2, of the ILO Constitution, copies of your reports and other information have to be communicated to the representative organizations of employers and workers in your country. Furthermore, if your country has ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), effective consultations with these organizations have to be held on any questions concerning reports under article 22 of the Constitution. All of the corresponding reports and information should reach the International Labour Office within the time limit fixed by the Governing Body, that is between 1 June and 1 September 2022 at the latest, if necessary in batches. You are encouraged to transmit them by email to [email protected] (accompanied by a duly signed covering letter attached to the email). If all the attachments are included in the email, it is not necessary to send a hard copy. Reports and any related correspondence may of course also be submitted by fax or by mail, addressed to: International Labour Standards Department International Labour Office CH-1211 GENEVA 22 Facsimile: + 41 22 799 6771 Email: [email protected] I would like to bring your attention to the fact that all comments adopted by the Committee of Experts related to your country, including those for which a reply is not expected for this year but in the next report on the Conventions concerned, are available in the NORMLEX country profiles at the following address: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11003:0::NO::: The International Labour Office, and in particular the Decent Work Technical Support Team covering your country, remains at your disposal to provide your Government with any technical assistance it may require in respect of both the submission of the reports due and the issues raised by the Committee of Experts in its comments. Yours faithfully, For the Director-General: Corinne Vargha Director of the International Labour Standards Department Saatja: Nagarajan, Anitha <[email protected]> Saadetud: 23.03.2022 09:38 Adressaat: ESTONIA <[email protected]>; SM Info <[email protected]> Koopia: BUDAPEST, Registry <[email protected]>; Mihes, Cristina <[email protected]>; EUROPE <[email protected]> Teema: ESTONIA – 2022-Request of reports on ratified Conventions (Article 22 of the ILO Constitution) Tähtsus: Kõrgeim Manused: image001.png; 2022-Appendix III-EN.pdf; EST_I.pdf; EST_II.pdf; Letter-Estonia.pdf Dear Madam/Sir, Please find attached a communication from Ms Corinne Vargha, Director of the International Labour Standards Department, concerning the reports on the application of the international labour Conventions ratified by your country for which your Government is requested to provide this year under article 22 of the ILO Constitution. You will also find attached the list of the Conventions for which your Government is invited to submit reports this year (Appendix I), the comments (observations and direct requests) adopted by the Committee of Experts on the Application of Conventions and Recommendations (CEACR) to which your Government is invited to reply this year (Appendix II), and an explanatory note concerning the preparation of reports on ratified Conventions (Appendix III). I would like to bring your attention to the new report form for the preparation of simplified reports to be sent under article 22 of the ILO Constitution. As explained in this report form, the information requested for simplified reports relates only to certain points. Please follow the practical advice contained in this form for the preparation of these reports. In light of the requests made by the Government members of the Governing Body during the discussions on the centenary standards initiative, this communication is sent electronically. Please confirm receipt of this mail. Thank you. Best regards, Anitha Nagarajan on behalf of __________________________ Carlos MAGALHAES Head Records and Chancellery Unit International Labour Standards Department International Labour Organization (ILO) Tel.: +41 22 799 7128 E-mail: [email protected] 4 route des Morillons CH-1211 Genève 22 Suisse ilo.org | Twitter | Facebook | Linkedin ----------------------------------------- This electronic message may contain confidential, proprietary or privileged information intended solely for the use of the named recipient. The ILO is not liable for any error or virus connected with this transmission. ----------------------------------------- Ce message électronique peut contenir des informations confidentielles, ou spécialement protégées, à la seule intention du destinataire. L'OIT ne peut être tenue responsable des erreurs ou des virus qui s'y trouveraient. ----------------------------------------- Este mensaje electrónico puede contener información confidencial o especialmente protegida para el uso exclusivo del destinatario indicado. La OIT no se responsabiliza en caso de error o virus. ----------------------------------------- Appendix I Estonia The Government is requested to communicate the following reports between 1 June and 1 September 2022 See in Appendix II the comments made by the Committee of Experts on the Application of Conventions and Recommendations (CEACR), a reply to which should be included in your Government's reports. See the Explanatory Note (Appendix III) concerning the preparation of detailed and simplified reports, including first reports. Equality of opportunity and treatment C100 - Equal Remuneration Convention, 1951 (No. 100) C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) Labour administration and inspection C081 - Labour Inspection Convention, 1947 (No. 81) C129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129) Working time C014 - Weekly Rest (Industry) Convention, 1921 (No. 14) CEACR comments Occupational safety and health C013 - White Lead (Painting) Convention, 1921 (No. 13) C174 - Prevention of Major Industrial Accidents Convention, 1993 (No. 174) CEACR comments Social security C012 - Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) C019 - Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) CEACR comments Seafarers MLC, 2006 - Maritime Labour Convention, 2006 (MLC, 2006) Fax: +41 22 7996771 International Labour Standards Department E-mail: [email protected]