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7938 -36342  APPL. 19 – C.150 and R.158 0 INTERNATIONAL LABOUR OFFICE REPORTS ON UNRATIFIED CONVENTIONS AND RECOMMENDATIONS (article 19 of the Constitution of the International Labour Organisation ) REPORT FORM FOR THE FOLLOWING INSTRUMENTS: Labour Administration Convention, 1978 (No. 150) Labour Administration Recommendation, 1978 (No. 158) Article 19 of the Constitution of the International Labour Organization relates to the adoption of Conventions and Recommendations by the Conference, as well as to the obligations resulting therefrom for the Members of the Organization. The relevant provisions of paragraphs 5, 6 and 7 of this article read as follows: 5. In the case of a Convention: … (e) if the Member does not obtain the consent of the authority or authorities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratification of such Convention. 6. In the case of a Recommendation: … (d) apart from bringing the Recommendation before the said competent authority or authorities, no further obligation shall rest upon the Members, except that they shall report to the DirectorGeneral of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice in their country in regard to the matters dealt with in the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as it has been found or may be found necessary to make in adopting or applying them. GENEVA 2022 7. In the case of a federal State, the following provisions shall apply: in respect of Conventions and Recommendations which the federal Government regards as appropriate under its constitutional system for federal action, the obligations of the federal State shall be the same as those of Members which are not federal States; in respect of Conventions and Recommendations which the federal Government regards as appropriate under its constitutional system, in whole or in part, for action by the constituent states, provinces or cantons rather than for federal action, the federal Government shall: … in respect of each such Convention which it has not ratified, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement, or otherwise; in respect of each such Recommendation, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as have been found or may be found necessary in adopting or applying them. In accordance with the above provisions, the Governing Body of the International Labour Office examined and approved the present report form. This has been drawn up in such a manner as to facilitate the supply of the required information on uniform lines. Report to be made no later than 28 February 2023, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of , on the position of national law and practice in regard to matters dealt with in the instruments referred to in the following questionnaire. Workers’ and employers’ organizations may send comments no later than 30 June 2023. Context and scope of the questions At its 343rd Session in November 2021, the Governing Body requested the Office to prepare for its consideration at its 344th Session (March 2022) the article 19 report form on two instruments: Labour Administration Convention, 1978 (No. 150) and the Labour Administration Recommendation, 1978 (No. 158), for a General Survey to be prepared by the Committee of Experts on the Application of Conventions and Recommendations (CEACR) in 2023, to be discussed by the Conference Committee on the Application of Standards in 2024. The General Survey will provide a comprehensive overview of the organization and structure of labour administration systems in ILO Member States. Moreover, it will shed light on the consultation with and participation by social partners at the national level in relation to the organization and functioning of the labour administration system. The General Survey will also outline the main functions performed by the systems of labour administration in ILO Member States. Further, the General Survey will be an opportunity to contribute to a better understanding of the provisions both in law and in practice of the instruments; the challenges and opportunities in their application, and will encourage the sharing of experiences and good practices among ILO Member States. During the discussion, the Governing Body indicated that the General Survey would provide a comprehensive overview of the impact that the COVID-19 crisis has had on national systems of labour administration across the world and illustrate the central role they have played in managing the immediate response to the crisis and in planning and implementing the longer term recovery, in consultation with the social partners. The General Survey would constitute a concrete follow-up to the ILO Global call to action for a human - centred recovery from the COVID - 19 crisis that is inclusive, sustainable and resilient a nd take stock of the extent to which ILO Member States have strengthened “the capacity of public administrations and employers’ and workers’ organizations to participate in such [social] dialogue as the means to develop and implement regional, national, sectoral and local recovery strategies, policies and programmes ”, as well as ILO efforts to “strengthen the capacity of labour administrations, labour inspectorates and other relevant authorities to ensure implementation of rules and regulations [in the context of COVID-19], especially regarding social protection and occupational safety and health”. The General Survey would also draw upon the ILO Centenary Declaration for the Future of Work , which underlines that safe and healthy working conditions are fundamental to decent work and calls on the ILO to direct its efforts towards “strengthening labour administration and inspection”. The present questionnaire has also been prepared in the light of the ILO Declaration on Social Justice for a Fair Globalization and its follow - up . Account has been taken of the fact that “[t]his followup seeks to make the fullest possible use of all the means of action provided under the Constitution of the ILO to fulfil its mandate. Some of the measures to assist the Members may entail some adaptation of existing modalities of application of article 19, paragraphs 5(e) and 6(d), of the ILO Constitution, without increasing the reporting obligations of member States”. For instance, by grouping and focusing on instruments related to a specific strategic objective, General Surveys may provide an overview on the law and practice in ILO Member States concerning certain instruments and feed into the recurrent discussions with relevant information on the trends and practices in relation to a given strategic objective. Lastly, the General Survey will enable the ILO Member States to assess the contribution of these standards to the achievement of the 2030 Agenda for Sustainable Development, through the realization of Sustainable Development Goals (SDGs), notably SDG 8 (Decent work and economic growth) and SDG 16 (Peace, justice and strong institutions). The General Survey can also support ILO Member States in identifying potential areas for the application of the 2018 UN Principles of effective governance for sustainable development to labour administration systems with a view to enhancing effective governance for sustainable development on labour-related matters. * * * The following questions relate to issues covered by Convention No. 150 and Recommendation No. 158. Where possible, please give a specific reference (including a web hyperlink) for information relating to the provisions of legislation, regulations, collective agreements, work rules, arbitration awards, court decisions and policies (or attach an electronic copy). Article 19 report form concerning labour administration A. Definitions The term labour administration means public administration activities in the field of national labour policy (Article 1(a) of Convention No. 150 and Paragraph 1(a) of Recommendation No. 158). The term system of labour administration covers all public administration bodies responsible for and/or engaged in labour administration – whether they are ministerial departments or public agencies, including parastatal and regional or local agencies or any other form of decentralised administration –and any institutional framework for the co-ordination of the activities of such bodies and for consultation with and participation by employers and workers and their organizations (Article 1(b) of Convention No. 150 and Paragraph 1(b) of Recommendation No. 158). B. Notes Governments of countries which have ratified Convention No. 150 will use the present form only with regard to Recommendation No. 158. It will not be necessary to repeat information already provided in reports under article 22 in connection with ratified Conventions. The questions contained under the titles “ Standard-related action ” and “ Possible need for technical assistance ” are addressed to all Member States. Where the national legislation or other provisions do not cover issues raised in this questionnaire, please provide information on current and emerging practices. For federal states, please provide answers to the questions below with regard to both the federal level and the level of the federated units. Organization and structure of the labour administration system Structure of the labour administration system 1. Please indicate any public administration bodies that are responsible for and/or engaged in labour administration, whether they are ministerial departments or public agencies, including parastatal and regional or local agencies or any other form of decentralised administration or field services. Main a dministration bodies responsible for and/or engaged in labour administration are: Ministry of Social Affairs ( Department of Labour Relations and Working Environment and Department of Employment ) ; Labour Inspectorate ; Estonian Unemployment Insurance Fund . The Ministry of Social Affairs of Estonia is a governmental authority which performs the functions provided by law and the functions assigned by the Government of the Republic pursuant to law. The mission of the Ministry of Social Affairs is to develop a living environment, where everyone has equal chances to live in dignity. The area of government of the Ministry of Social Affairs include s the drafting and implementation of plans to resolve social issues of the state, the management of public health protection and medical care, employment, labour market and working environment, social security, social insurance and social welfare, equal treatment and promotion of the equality of men and women and co-ordination of activities in this field, and the preparation of respective draft legislation. The Labour Inspectorate of Estonia is a government agency operating within the area of governance of the Ministry of Social Affairs that exercises supervision and applies state coercive measures on grounds and within the limits as provided by law. The main tasks of the Labour Inspectorate are to: implement the work environment policy; exercise supervision over compliance with the legislative requirements regulating occupational health and safety and labour relations in the work environment; exercise supervision over compliance with the requirements and restrictions on the economic activities of undertakings providing employment intermediation and temporary agency workforce intermediation services; inform the general public, employees and employers about the risks and hazards in the work environment ; settle labour disputes and conduct conciliation procedures in a body for extra-judicial labour dispute settlement proceedings. Estonian Unemployment Insurance Fund (EUIF) is a quasi-governmental organization, and a legal person in public law. The key responsibilities of Estonian Unemployment Insurance Fund are p rovision of Active Labour Market Measures (ALMPs ), p ayment of unemployment and work ability benefits and compensations and w ork capability assessment. Additionally , the Estonian Social Insurance Board needs mentioning. Th is a government institution acting under the supervision of Ministry of Social Affairs. The objective for the board is administration and implementing the social security and welfare legislation. Social Insurance Board handles requests for pensions, national benefits and services for families with children. Social Insurance Board determines the degree of disability in children and old-age pensioners, organizes the social rehabilitation services and victim support. In Estonia employees request different holidays through Social Insurance Board , including maternity, paternity, adoptive parent and child leave. The board handles benefits of those leaves. C150: Arts 1(a) and (b) and 4 R158: Paras 1(a) and (b) and 26(1) and (2) 2. Please indicate if the system of labour administration comprises specialised units dealing with the following: the formulation of standards relating to working conditions and terms of employment; labour inspection; labour relations; employment, workforce planning and human resources development; international labour affairs; social security; minimum wage legislation; and questions relating to specific categories of workers. Ministry of Social Affairs has a Department of Labo u r Relations and Working Environment (t he department includes two specialized units: one engaged with labo u r relations and the other engaged with working environment ) and Department of Employment ( the department includes two specialized units: one engaged in labour market services and the other engaged with unemployment benefits and labour market benefits) . These departments formulate draft Act s in the fields of employment and labour law , therefore including formulating minimum standards related to working conditions and terms of employment. The main body dealing with labour inspection is the Labour Inspectorate . Labour Inspectorate exercises supervision over compliance with the legislative requirements regulating occupational health and safety and labour relations in the work environment. The main body implementing labour market policies and acting as provider of p ublic e mployment s ervices is Estonian Unemployment Insurance Fund (EUIF) . In the framework of active labour market measures t he M inistry’s Department of Employment and EUIF are planning workforce and human resources development . Regarding social security Ministry of Social Affairs has a Pension P olicy and C ross- B order S ocial S ecurity D epartment that plans and coordinates the pension policy and organizes its implementation. The department also coordinates domestic and cross-border social security. There is no specialized unit dealing with minimum wage legislation . In Est onia, Estonian Tra d e Union Confederation and Estonian Employers’ Confederation sign a collective agreement regarding minimum wage through social dialogue and t he Government of the Republic establishes the minimum wage on the basis of the collective agreement . Labour Inspecto rate has specific officials dealing with labour relations within specific sectors : transport sector and construction and infrastructure sector . R158: Paras 6 and 25(1) and (2) 3. Please provide information on any periodic reports on the activities of the main labour administration services submitted to the Ministry of Labour or other comparable body, as well as to employers’ and workers’ organizations. Please provide a weblink/copies of these reports, if available. Labour Inspectorate puts together various reports regarding labour relations, working environment and labour inspection , e.g. reports of work ing environment, reports of targeted inspection, reports of occupational accidents, occupational diseases and illnesses c aused by work, reports of labour disputes, reports of misdemeanor proceedings. The reports are m ainly available in Estonian: https://www.ti.ee/asutus-uudised-ja-kontaktid/statistika , a few are also available in English: https://www.ti.ee/en/government-agency-news-and-contacts/statistics/annual-reports-work-environment . T he main statistics and reports related to activities of the Estonian Unemployment Insurance Fund , such as registered unemployed, vacancies, employment services, benefits and assessment of work ability , are available on the webpage: https://www.tootukassa.ee/en/statistics-and-research/main-statistical-indicators . Furthermore, the Statistics Estonia publishes regular work life statistics in Estonia (e.g. wages and salaries, work life quality, accidents at work, labour market) : https://www.stat.ee/en/find-statistics/statistics-theme/work-life . Since November 2022 Statistics Estonia also publishes short-term labour market statistics: https://www.stat.ee/en/find-statistics/short-term-statistics/short-term-labour-market-statistics . R158: Para. 20(1) 4. With regard to the organization and effective operation of the system of labour administration in your territory, please provide information on: the internal structure of any body within the system of labour administration and provide copies of the respective organigrams and work plans or strategies, if available; The internal structure of the Ministry of Social Affairs as of February 2023 is as follows: The Ministry ’s yearly work plans are implemented on the basis of multi-year development plan s of the field : welfare development plan (for years 2013 to 2023, after that for years 2023 to 2030) and population health development plan (for years 2020 to 2030). One of the general objectives of the welfare development plan is h igh level of employment and a long and high-quality working life. Y early work plans present main yearly activities with their deadlines and persons in charge. Work plan for 202 3 as well as development plans are available in Estonian: https://www.sm.ee/arengukavad-ja-tooplaanid . Labour Inspectorate y early w ork p lans are implemented on the basis of multi-year development plan , currently set for 202 1 -20 3 5. The development plan is amended and supplemented as necessary to ensure consistency with national strategies, development plans and the main activities necessary to fulfill the goals set in them with clarification. Development plan for 2021-2035 , available in Estonian : https://www.ti.ee/asutus-uudised-ja-kontaktid/asutuse-info/vaartused-missioon-visioon . General objective of the development plan is as follows: p eople's opportunities to cope independently, live in the community and participate in working life have improved thanks to effective legal protection and high-quality ancillary assistance, the health of a person cannot be damaged due to the state of the working environment, equal and fair competition conditions are guaranteed to entrepreneurs. In addition to the general objective, there are five sub goals related to : state and administrative supervision, prevention and information activities, settlement of labour disputes, s upport functions to support the main activities of the i nspectorate and institution’s management and team. The development plan is amended and supplemented as necessary to ensure consistency with national strategies, development plans and the specification of the main activities necessary to fulfill the goals set in them. The development plan is used as a basis to prepare annual work plans and establish the primary focal points of activities. Yearly work plans , available in Estonian: https://www.ti.ee/en/government-agency-news-and-contacts/about-us/work-plans-budget-salaries . The structur al units of Labour Inspectorate are as follows: Management and non-staff servants ; Department of Supervision ; Department of Prevention and Information ; General Department; Labour Dispute Committees . Since 01.01.2023 , the places of employment on the staff of the Labour I nspectorate are as follows, available in Estonian : https://www.ti.ee/sites/default/files/documents/2023-01/TI_koosseis_010123_0.pdf . The work load of a place of employment within the inspectorate is 1 12,35 . Estonian Unemployment Insurance Fund is directed by a Supervisory Board in which the government is an equal stakeholder together with representatives of employers ’ and of employees ’ organizations . EUIF has a two-level organizational structure with a one head office and 15 regional offices (with a total of ca 30 client service points). More about EUIF structure: https://www.tootukassa.ee/en/footer/about-tootukassa . The EUIF’s four-year d evelopment p lan, currently set for 2023-2026, determines the strategic goals and key performance indicator s to aggregate the overall objectives of all relevant laws and employment programs. Based on the d evelopment p lan (which is prolonged every year by one year), an Annual Action Plan is drawn up, which sets out the new initiatives/changes with the greatest impact on the fulfilment of the strategic goals for the specific year. any national laws and regulations which provide for the creation, structure, functions and responsibilities of these bodies. Please provide a weblink or electronic copies of the legislation and regulations. According to Government of the Republic Act (available in English : https://www.riigiteataja.ee/en/eli/ee/530082022002/consolide/current ) § 45 (10) the Ministry of Social Affairs shall be formed for the management of the areas of government. According to Government of the Republic Act § 67 (1) the area of government of the Ministry of Social Affairs shall include the drafting and implementation of plans to resolve social issues of the state, the management of public health protection and medical care, employment, labour market and working environment, social security, social insurance and social welfare, equal treatment and promotion of the equality of men and women and co-ordination of activities in this field, and the preparation of respective draft legislation. According to the Act’s § 67 (2) 2) and 4) w ithin the area of government of the Ministry of Social Affairs there are four authorities, including The Social Insurance Board and the Labour Inspectorate. The Statute of Ministry of Social Affairs (available in Estonian: https://www.riigiteataja.ee/akt/106092022004?leiaKehtiv ) regulates fields of activity and tasks of the M inistry, management of the M inistry, structure of the M inistry and the main tasks of the structural units (the structure explained at the question above). Furthermore, e very department of the ministry has statutes regulating functions and management of the departments (available in Estonian: https://www.sm.ee/asutus-ja-kontakt/asutus/ministeeriumi-tutvustus-ja-struktuur ). Similarly, t he Statute of Labour Inspectorate (available in Estonian: https://www.riigiteataja.ee/akt/117122020002?leiaKehtiv ) regulates fields of activity and tasks of the Inspectorate, management of the Inspectorate, structure of the Inspectorate and the main tasks of the structural units. E very department of the inspectorate has statutes regulating functions and management of the departments (available in Estonian: https://www.ti.ee/asutus-uudised-ja-kontaktid/asutuse-info/pohimaarused-koosseis-ja-ametijuhendid#jarelevalve-osakond ). Regarding specifically collective disputes and conciliation, according to Collective Labour DIspute Resolution Act § 8 (2) (available in English: https://www.riigiteataja.ee/en/eli/ee/526062018001/consolide/current ), the statutes of the Public Conciliator are established by a regulation of the Government of the Republic (available in Estonian: https://www.riigiteataja.ee/akt/123102015009?leiaKehtiv ). Look for further information about the Public Conciliator at question No 17 . The legal basis of the activities of Estonian Unemployment Insurance Fund are found in following regulations : The Unemployment Insurance Act which regulates the conditions and procedure for the grant and payment of benefits upon unemployment, lay-offs and insolvency of employers, the organisation of unemployment insurance and participation in the financing of labour market services and benefits ( available in English: https://www.riigiteataja.ee/en/eli/ee/511122019002/consolide/current ). The Labour Market Services and Benefits Act which regulates the provision of labour market services and grant of labour market benefits ( https://www.riigiteataja.ee/en/eli/ee/510032022003/consolide/current ); Work Ability Allowance Act which establishes the bases for assessment of work ability and the conditions of and procedure for grant and payment of work ability allowance ( https://www.riigiteataja.ee/en/eli/ee/522032019013/consolide/current ) . C150: Art. 4 R158: Para. 4 5. Please indicate any review undertaken or any organizational change that has occurred in the system of labour administration in recent years (for example as a consequence of the COVID-19 pandemic). Please indicate the consultations held in this respect with the most representative organizations of employers and workers, if any. Regarding Labour Inspectorate based on the experience of COVID-19 pandemic the co-operation with the Health Board strengthened. Up to this day regular supervision is carried out to examine whether the employe r s ha ve implemented measures to prevent COVID-19 in the working environment. D igital solutions to carry out electronical sessions in the Labour Dispute Committee are still used. Various digital solutions that help officials to work remotely are still in use. There remains no counseling for citizens in the offices of the i nspectorate , but counseling is done via Skype, e-mail, Facebook and telephone. In the view of Labour Inspectorate, due to the Russian invasion of Ukraine, counselling and supervision related to foreign workers is a priority right now. In case of Estonian Unemployment Insurance Fund all the major changes are discussed with social partners as it is tripartite Supervisory Board managing the organization. There are new labour market measures introduced and updated benefits system and work reorganized according to the need to fit more teleworking to the system and to respond to C OVID -19 cris i s as well as to the consequences of Russian invasion of Ukraine. However , no major organizational changes have been made in recent years . I n 2019 the career services reform was launched, that enlarged the client group of EUIF by students and their parents and increased the number of career specialists at the PES. In 2020, in line with the C OVID-19 crisis, the variety of counselling channels was increased and made more diverse, to mitigate the consequences of C OVID-19 crisis to the labour market . The short-time working (STW) schemes were introduced. The STW was consulted through with the Supervisory Board of EUIF. In 2021 the unemployment Insurance benefit scheme was updated (comes into force in 2023). In 2022 labour market measures were made accessible for the Ukrainian refugees and an special package of measures was implemented for the same target group. This additional package of measures was consulted through with the Supervisory Board of EUIF. R158: Para. 21 Coordination within the system of labour administration 6. Please indicate any institutional framework for the co-ordination of the functions and responsibilities of the different bodies within the system of labour administration, including field services. Please indicate if such co-ordination occurs through a central body (for example the Ministry of Labour or another comparable body). Please indicate the manner in which it is ensured that field services have sufficient and clear instructions to preclude the possibility of laws and regulations being differently interpreted in different areas. Please indicate if any policy, strategy or plan for coordination has been adopted and, if so, please provide a copy. The co-ordination of the functions and responsibilities of the different bodies within the system of labour administration often occurs through the Ministry of Social Affairs . All different bodies within the system regularly co-operate , e.g. there are regular meetings and overviews of activities, cooperation in the preparation of legislative changes, cooperation in communication processes , specific discussions i n case needed. T here are regularly held specific discussions between EUIF or Labour Inspectorate and Ministry of Social A ffairs . O ther institutions representatives are invited based on necessity and subject matters . Furthermore, Labour Inspectorate has entered into agreements with different foreign agencies and international organizations ( e.g. Cooperation Agreement Between Baltic Inspectorates , Agreement between the Labour Inspectorate of Estonia and the Labour Inspection Authority of the Kingdom of Norway , Agreement on bilateral cooperation and exchange of information between the Labour Inspectorates of the Republic of Estonia and the Republic of Poland ). C150: Arts 1(b) and 4 R158: Paras 1(b), 4 and 26(2)(c) 7. Please provide information on the manner, if any, in which the Ministry of Labour or another comparable body ascertains that any parastatal, regional or local agencies engaged in labour administration activities are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them. Internal Audit Department of the Ministry of Social Affairs activities are carried out in cooperation with other departments of the Ministry of Social Affairs according to the M inistry's work plan and additional tasks received from the minister responsible for the field. The Internal Audit Department is functionally independent from other structural units of the Ministry of Social Affairs, does not participate in the management processes of the auditee, nor in the development and implementation of control procedures. The Internal Audit Department of the Ministry of Social Affairs conducts audits and advisory works according to the department's work plan. The works are carried in the ministry and in the ministry´s institutions . Each year the National Audit Office submits to the parliament an evaluation of the consolidated annual report of the state. In this evaluation the National Audit Office says, among other things, whether the state’s annual accounts are correct and economic transactions have been lawful. This evaluation includes Ministry of Social Affairs and it´s governance area. In addition to the above the National Audit Office conducts audits on various topics which also concern the topics of the Ministry of Social Affairs and it´s governance area . As regards to Estonian Unemployment Insurance Fund every year its financial activities (annual report) are audited by an external auditor. From time to time audits are carried out by the National Audit Office. Many services are automated/digitized (including with the support of other registers), which also promote a uniform and fair approach. C150: Art. 9 8. Please provide information on any measure taken to ensure appropriate representation of the system of labour administration in the administrative and consultative bodies dealing with social and economic policies. Different bodies within the system of labour administration participate in discussions and meetings if the topics are related to their function and activities , e.g., participating in relevant working groups, meetings and negotiations (for further information look at question N o 6). R158: Para. 19 Resources and staff 9. Please provide details on the status, independence, qualifications and recruitment criteria for the staff of the labour administration system and any relevant provisions of national laws or regulations in this respect. Please also provide information on initial and subsequent training provided to the staff of the labour administration system. Generally , every body withing the system of labour administration determines the functions of the post and , according to the Civil Service Act § 53 (1), the requirements established for the education, work experience, knowledge and skills of an official in the job description. Civil Service Act § 28 (5) states that t he authority shall establish a job description and introduce it to an official before the assumption of the post by the official. There fore , there are no national laws or regulations establishing qualifications and recruitment criteria for people working In the Ministry of Social Affairs , but the requirements are stated in job description . Advisors in D epartment of Labour Relations and Working Environment and Department of Employment are generally required to have higher education ( specialty depending on the position ), professional work experience, CEFR-level C1 in Estonian and English and different skills and knowledge required to perform duties ( e.g. knowledge about labour or employment law and EU law). Higher requirements apply to leading positions. Most job descriptions of officials in the ministry are available online in Estonian when clicking to the official’s name : https://www.sm.ee/kontakt . Regarding training provided to the staff of the labour administration system, according to the Civil Service Act § 30 (1), a t least once a year the immediate supervisor shall conduct an interview with their subordinate official during which the performance, professional development and training needs of the official are evaluated. Furthermore, § 31 of the Act states that t he authority is required to implement measures to develop the professional knowledge and skills of an official, including planning the necessary resources in the budget of the authority. An official is required to replenish their professional knowledge and skills for the competent performance of functions. Labour Inspectorate has internal r ules of procedure that regulates the recruitment process and is based on Civil Service Act and Employment Contracts Act requirements. Most j ob descriptions of officials in the inspectorate are available online in Estonian: https://www.ti.ee/asutus-uudised-ja-kontaktid/asutuse-info/pohimaarused-koosseis-ja-ametijuhendid#jarelevalve-osakond . The staff of Estonian Unemployment Insurance Fund are not civil servants but working based on employment contract. Each position in the organization has a job description with purpose and tasks and includes the minimum required profile of competencies. For the staff working with clients and for all managers groups, there are separate competency models, describing the necessary skills, knowledge, competencies and experiences needed, to achieve excellent work results. All newcomers follow a personalized onboarding plan. There is a minimum training package, which includes mandatory trainings for newcomers and also trainings for all employees, which must be passed after a certain regularity. The complementary training plan for the staff is agreed upon every year. Input for the training plan comes from bottom up (via quality and performance interviews) and from the strategic viewpoint top down. C150: Art. 10(1) R158: Para. 23(1) and (2) 10. ( i ) Please provide details on the human, logistic and material resources allocated to the functions of labour administrations, including any changes occurred in response to the COVID-19 crisis. Please also provide information on the human and material resources of the field services. Division of concrete positions and human resources are stated here: Ministry of Social Affairs: https://www.sm.ee/en/contact ; Labour Inspectorate https://www.ti.ee/en/contact ; EUIF: https://www.tootukassa.ee/en/contacts . As explained in question N o 4, the work load of a place of employment within the Labour Inspectorate is 112,35. The w ork load of a place of employment is 52 among D epartment of Supervision , of whom there are 48 labour inspectors . For more information about financial resources , including COVID-19 crisis changes, look at the next question. C150: Art. 10(2) R158: Paras 22(1) and 26(2)(b) (ii) With regard to the financial resources available to staff of the system of labour administration for the performance of their duties, please indicate the budget allocated to the labour administration system, including any changes due to the COVID-19 crisis, and provide a copy of it. If available, please indicate the share of the State budget allocated to labour administration in the last five financial years. L abour administration costs of Ministry of Social Affairs are as follows: Year Costs total euros including personnel costs 2019 actual 2,9 million 1,7 million 2020 actual 2,5 million 1,8 million 2021 actual 2,6 million 1,9 million 2022 budget 3,5 million 2,4 million 2023 budget 3,6 million 2,1 million Office of the Public Conciliator administration costs are: Year Costs total euros i ncluding personnel costs 2019 actual 130 thousand 108 thousand 2020 actual 131 thousand 115 thousand 2021 actual 136 thousand 117 thousand 2022 budget 142 thousand 119 thousand 2023 budget 149 thousand 129 thousand The resources of the additional budget related to COVID were mainly from the Unemployment Insurance Fund, which paid wage subsidies to companies and the Labor Inspectorate, in connection with the inspectors additional work. The cost of wage subsidy paid to companies by EUIF in connection with COVID was 256 million euros in 2020 and 93 million euros in 2021. Financial budget of the Labour Inspectorate in 2021 was 2,92 million euros (personnel costs approximately 2,53 million euros, management costs 0,39 million euros). In addition to funds from the state budget, the Labor Inspection also used ESF TAT funds in the amount of 1.21 million euros to implement prevention and counseling activities in 2021, including the development of the Employment Information System, with a total budget of 0.58 million euros. Additionally, financial budget of the inspectorate in 2021 was similarly 2,92 (personnel costs approximately 2,48 million euros, management costs 0,43 million euros) and ESF TAT funds were used in the amount of 1. 74 million euros. Costs of the Labour Inspectorate through 2017 to 2021 were as follow: Estonian Unemployment Insurance Fund activities are funded from unemployment insurance contributions (benefits and taxes, ALMPs, operational costs), state budget (allowances and taxes, also ALMPs) and external resources (ESF, EGF, REACT, RRF for ALMPs). Budget of the EUIF is approved by the Supervisory Board, taking into account the allocations of the state budget and resources of the structural funds. Budget for the current year and Annual financial reports of previous years can be found at: https://www.tootukassa.ee/en/footer/official-information/financial-information. For 2023 , the income of EUIF is planned to be 771,9 million euros and the expenses are planned to be 749,2 million euros. Consultation with and participation by employers, workers and their organizations in the system of labour administration 11. Please indicate if any activity related to labour administration are delegated or entrusted to non-governmental organizations, particularly employers’ and workers’ organizations, or to employers’ and workers’ representatives. If so, please indicate which one. Social partners are included in the work of labour dispute committee as lay assessors (for further information about labour dispute committees look at question N o 17). Lay assessors are independent representatives of the social partners, who are involved in the discussion of labour disputes in a labour dispute committee. Lay assessor is a representative of employees proposed by federations of occupational and professional associations of employees or a representative of employers proposed by central federations of employer. In Estonia, the Estonian Trade Union Confederation and the Estonian Employers’ Confederation sign a collective agreement regarding minimum wage through social dialogue and the Government of the Republic establishes the minimum wage on the basis of the collective agreement. C150: Art. 2 R158: Para. 2 12. Please indicate if particular activities in the field of national labour policy are matters which, in accordance with national laws or regulations, or national practice, are regulated by having recourse to direct negotiations between employers’ and workers’ organizations. Please provide relevant examples, if any. Tripartite negotiations are regularly , every one or two months, held between the Estonian Tra d e Union Confederation , Estonian Employers’ Confederation and the Ministry of Social Affairs. During meetings s ocial partners often discuss the need for new legislative measures and make proposals for amendments . Different amendments of employment law are adopted based o n the tripartite agreements. For example, based on the tripartite agreement as of April 2021 a new regulation allowing variable hours agreements in retail was established and based on the agreement as of October 2022 different flexible arrangement opportunities were stipulated in the Employment Contracts Act. The confederations also regularly meet with the Prime Minister to discuss timely manners ( e.g. COVID-19 crisis or integrati on of Ukrainian war refugees into the labour market ). Furthermore, according to the Unemployment Insurance Act (available in English: https://www.riigiteataja.ee/en/eli/ee/512122022007/consolide/current ), t he EUIF shall be directed by the S upervisory B oard and the M anagement B oard. In the Supervisory Board the government is an equal stakeholder together with representatives of employers ’ and of employees ’ organizations (for additional information see question N o 4). The ma ndate of the Supervisory Board is: Proposing the unemployment insurance premium rate to the government for approval; Proposing the employment program to the government for approval; Approving the budget of EUIF . C150: Art. 3 R158: Para. 3 13. Please indicate any arrangement that is in place within the system of labour administration in order to secure consultation, co-operation and negotiation between the public authorities and the most representative organizations of employers and workers, or employers’ and workers’ representatives. Please also indicate: whether these arrangements are made at the national, regional and local levels; whether these arrangements are made at the sectoral level. Please provide copies of reports or extracts of reports produced as a result of consultation, co-operation and negotiations, if any. For further information about tripartite meetings look for question N o 12. S ocial partners and other stakeholders are involved in the process of designing different measures through the inclusive strategy process (several discussion rounds, formal input requests) . According to the Government Regulation No. 180 of 22.12.2011 “ Rules for Good Legislative Practice and Legislative Drafting ” (available in English: https://www.riigiteataja.ee/en/eli/508012015003/consolide ), i nterest groups and the public are involved in the preparation of a legislative intent, concept and draft Act and coordination is carried out in compliance with the Good Practice of Involvement. The opinions and proposals of engaged interest groups must be set out in the explanatory memorandum. It must also be set out to which extent the opinions and proposals of interest groups were taken into account. C150: Art. 5 Main functions of the system of labour administration Functions in respect of national labour policy 14. Please indicate the manner in which the bodies within the system of labour administration are responsible or contribute to the preparation, administration, coordination, checking and review of national labour policy. Please indicate the relevant provisions of national legislation, if any. Also, please indicate if any review has been undertaken in the context of the COVID-19 pandemic. All bodies within the system of labour administration contribute to the preparation, administration, coordination, checking and review of national labour policy. For example, in case needed the Ministry of Social Affairs asks for formal input or organizes meetings to discuss practical implementation problems, intents and impacts of different legislative plans, needs for legislative amendments with the relevant body etc. The Ministry has regular meetings with all bodies previously mentioned to discuss relevant topics or problems . Such practice has not changed in the context of the COVID-19 pandemic. C150: Art. 6(1) Functions in relation to labour standards 15. Please indicate the manner in which the bodies within the system of labour administration take an active part in the preparation, development, adoption, implementation and review of labour laws and regulations, including the submission of proposals to overcome identified defects and abuses concerning working conditions and terms of employment. Please indicate the consultations with employers and workers ’ organizations held in this respect. A ll bodies within the system of labou r administration take part in preparation, development, adoption, implementation and review of labour laws and regulations. For further information look at question N o 14. C150: Art. 6(1) and (2)(b) R158: Para. 5(1) Functions concerning labour relations 16. Please indicate: any services offered by the bodies within the system of labour administration to employers and workers and their organizations to promote at national, regional, sectoral and local levels, effective consultation and cooperation between public authorities and employers ’ and workers’ organizations, as well as between such organizations; F or further information regarding counselling services by the Labour Inspectorate look at question N o 17. Furthermore, to promote consultation and cooperation, the Ministry of Social Affairs holds regular meetings with social partners and asks for formal input from parties when preparing any legislative changes and if needed holds discussions. the manner in which such services promote the regulation of terms and conditions of employment by means of collective bargaining and the free exercise of employers ’ and workers ’ right of association; The counselling service provides parties free information about labour relations, including collective labour relations . Labour Inspectorate also has specific information on their website regarding collective agreements and collective labour disputes, available in English here: https://tooelu.ee/en/7/entry-employment-contract#collective-agreement and https://tooelu.ee/en/59/collective-labour-dispute-strike-lock-out . to what extent the system of labour administration promotes the full development and utilisation of the machinery for voluntary negotiation. Estonia prioritizes promoting voluntary collective bargaining. We are always looking for ways to raise the collective agreements coverage and trade union density. Regarding Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union , Estonia will provide a framework to promote collective bargaining . C150: Art. 6(2)(c) R158: Paras 5(2), 7, 8 and 9 17. Please provide information on any activities carried out by bodies within the system of labour administration in order to make technical advice available to employers and workers and their respective organizations on their request. Please also indicate if the bodies within the system of labour administration provide, in agreement with employers ’ and workers ’ organizations concerned, conciliation and mediation facilities in case of collective disputes. All bodies within the system of labour administration have a website with different technical advice , relevant information and assistance opportunities. All webs ites are available in three languages: Estonian, English and Russian. All websites are regularly updated. Links to relevant websites (in English) are as follows: https://www.sm.ee/en (Ministry of Social Affairs ); https://www.ti.ee/en and https://tooelu.ee/en (Labour Inspectorate ); https://www.tootukassa.ee/en (Estonian Unemployment Insurance Fund ); as well as https://sotsiaalkindlustusamet.ee/en (Estonian Social Insurance Board). Labour Inspectorate legal advisors and work environment consultants provide counselling services related to the Labour Inspectorate. The legal advisors give answers to questions concerning employment contracts, working and rest time, holidays, wages and other matters related to labour relations as well as collective labour relations. W ork ing environment consultants answer questions about safety at work and healthy workplaces. The goal of the counselling service is to help all parties of a working relation to know and fulfill all their contractual and agrees rights and obligations, to promote lawful actions and to reduce and prevent conflicts and violations. The helpline does not answer or provide solutions to disagreements in employment relationships or offer legal aid, the counselling service only gives explanations about issues related to implementation of legal acts under the supervision of the Labour Inspectorate. The counselling service can be reached via phone or via email in three languages (Estonian, English, Russian) . The counselling service of the Labour Inspectorate is free of charge. The counselling is confidential, i.e. information obtained in the course of the consultations is not disclosed without the consent of the parties, except in cases prescribed by law. More information: https://www.ti.ee/en/prevention-and-information/communication-activities/free-counselling-service-labour-inspectorate . https://www.ti.ee/en/prevention-and-information/communication-activities/free-counselling-service-labour-inspectorate . The Labour Inspectorate has also created a working environment consultant service to provide employers with more personal support and advice. The consultants’ main task is to consult employers on occupational health and safety in the company. The consultant advises the employer on setting up a work environment management system, rather than looking for individual violations in the working environment. They can be invited to a general company consultation covering the entire working environment and documentation, as well as to a consultation on a specific area of the working environment (e.g. use of personal protective equipment). The working environment consultant does not prepare internal documents or their projects (e.g. risk analysis, safety manual). However, it is possible to review existing documents, such as work environment risk analysis and safety instructions, and discuss what could be better reflected in the documents or given more attention. The consulting service is offered all over Estonia, regardless of location. The consulting service is free for companies. More information: https://www.ti.ee/en/prevention-and-information/communication-activities/free-working-environment-consultant-service . https://www.ti.ee/en/prevention-and-information/communication-activities/free-working-environment-consultant-service . Regarding conciliation and mediation facilities in case of collective disputes, within the Labour Inspectorate the labour dispute committee adjudicates labour disputes, including collective disputes. According to Labour Dispute Resolution Act § 2 (1) (3) (available in English: https://www.riigiteataja.ee/en/eli/502122020006/consolide ) , labour dispute committee is competent to resolve a collective labour dispute arising from the performance of a collective agreement. According to § 13 of the Act, the duty of a labour dispute committee is to conduct proceedings purposefully and efficiently and to resolve a labour dispute properly, as easily and quickly as possible and with the lowest expenses possible. During the entire proceedings the labour dispute committee shall do everything in its power for the labour dispute or part thereof to be resolved by way of a compromise or other agreement of the parties. https://www.riigiteataja.ee/en/eli/502122020006/consolide ), labour dispute committee is competent to resolve a collective labour dispute arising from the performance of a collective agreement. According to § 13 of the Act, the duty of a labour dispute committee is to conduct proceedings purposefully and efficiently and to resolve a labour dispute properly, as easily and quickly as possible and with the lowest expenses possible. During the entire proceedings the labour dispute committee shall do everything in its power for the labour dispute or part thereof to be resolved by way of a compromise or other agreement of the parties. T he labour dispute committee has three members : the chairman of the committee and a representative of employees proposed by federations of occupational and professional associations of employees and a representative of employers proposed by central federations of employers ( lay assessor s ) . A decision of a labour dispute committee shall be adopted by majority vote. The chairman of the labour dispute committee may, among other things, present to the parties a draft compromise agreement, propose to resolve the dispute in conciliation proceedings or outside the labour dispute committee. Conduction of conciliation proceedings in the labour dispute committee is regulated in §-s 33-36 of the Act. In years 2018 to 2021 there were 7 collective labour dispute petitions filed to the labour dispute committee. Furthermore, Collective Labour Dispute Resolution Act (available in English: https://www.riigiteataja.ee/en/eli/526062018001/consolide ) regulates the procedure for the resolution of collective labour disputes. If an agreement is not reached through negotiations and a threat of a disruption of work arises, then the parties shall consult the Public Conciliator . The Public Conciliator is an independent impartial official who helps the parties to labour disputes reach mutually satisfactory resolutions. The main duty of the Public Conciliator is to facilitate the resolution of a collective labour dispute in conciliation proceedings. The Public Conciliator shall identify the reasons for and the circumstances of a labour dispute and propose resolutions. The Public Conciliator has the right to invite the parties to participate in conciliation proceedings. Parties do not have the rights to organize a strike or a lock out i f conciliation procedures have not been conducted. In years 2017 to 2021 the Public Conciliator conducted 17 conciliation proceedings . C150: Art. 6(2)(d) R158: Para. 10 Functions in relation to employment 18. Please indicate any bodies within the system of labour administration that participate in the preparation, administration, co-ordination, checking and review of a national employment policy. Please describe the consultation and cooperation with employers ’ and workers ’ organizations in this respect. Estonian Unemployment Insurance Fund is directed by a Supervisory Board in which the government is an equal stakeholder together with representatives of employers ’ and of employees ’ organizations . EUIF Supervisory Board is the body monitoring regularly implementation of active labour market policies as well as participating in preparing the new measures or deciding changes of the existing measures (for further information look at question N o 12). C150: Art. 6(2)(a) R158: Paras 11(1) and 13 19. Please indicate any legal and institutional framework for coordination of the activities carried out by the various authorities and bodies which are concerned with particular aspects of employment policy, including whether this coordination occurs through a central body. There are thematic steering and working groups formed for example for NEETs or for career guidance and skills issues. Coordination differs according to the topic, either it is for example Ministry of Social Affairs, E UIF o r Ministry of Education and Research. R158: Para. 11(2) 20. Please indicate if the labour administration system includes a free public employment service. Please provide information on the structure and organization of the bodies within the labour administration system providing for these services, including any institutional arrangement for promoting and assisting the employment of particular categories of workers. The public employment service, Estonian Unemployment Insurance Fund (EUIF), is a quasi-governmental organisation , legal body in public law, that implements labour market policy and organises unemployment insurance. The structure of the EUIF is explained under question No 4. The responsibilities of EUIF are : Provision of Active Labour Market Measures (ALMPs ) ; Payment of unemployment benefits and work ability allowances ; Work assessment . Services and assistance are provided to different target groups, including students, unemployed, jobseekers, employees as well as employers. All services provided by the EUIF are free of charge. R158: Paras 15 and 16 21. Please provide information on the structure and functions of any competent bodies within the system of labour administration with regard to manpower planning and human resources development. Ministry of Social Affairs Employment Department and EUIF as PES. Those s tructures are described mainly under question No 4. Please also provide information on the bodies, if any, within the system of labour administration that are responsible for the coordination of: programmes of employment creation and promotion; Ministry of Social Affairs at policy making level and EUIF at implementing level vocational guidance and vocational training programmes ; and Ministry of Social Affairs and Ministry of Education and Research at policy making level and EUIF at implementing level unemployment benefit schemes. Ministry of Social Affairs at policy making level and EUIF at implementing level Please also indicate the role, if any, of the bodies within the labour administration system in the coordination of these programmes and schemes with general employment policy measures. Ministry of Social Affairs at policy making level and EUIF at implementing level . C150: Art. 6(2)(a) R158: Paras 12, 14 and 17 Functions in relation to studies and research 22. Please provide information on any studies and research conducted by the bodies within the system of labour administration in order to keep under review the situation of employed, unemployed and underemployed persons. Please provide information on the bodies within the system of labour administration, if any, involved in this task and provide copies of these studies and research, if available. Both E UIF and Statistics Estonia conduct different research regarding employment. Look for further information at question No 3. C150: Art. 6(2)(b) R158: Para. 18 Functions in relation to international labour affairs 23. Please provide information on bodies within the system of labour administration, if any, that are responsible for international labour affairs. Please indicate their role with regard to the preparation of the national policy concerning international labour affairs and the State’s representation in such affairs, taking into account international labour standards. Working Conditions of Employees Posted to Estonia Act (available in English: https://www.riigiteataja.ee/en/eli/ee/517102022003/consolide/current ) regulates the protection of the rights of employees from a Member State of the European Union, a Member State of the European Economic Area or the Swiss Confederation , who have been posted to Estonia for the provision of services . S upervision over compliance with the requirements provided in the Act are exercised by the Labour Inspectorate . T he employer is obligated to register its workers posted to Estonia in the Labour Inspectorate and provide data concerning the posting (e.g. names of the parties, duration of posting ). At the request of the Labour Inspectorate, the employer of a posted worker is required to submit to the Labour Inspectorate the documents necessary for the performance of supervision. If the employer fails to submit the required information or documents concerning the employees posted to Estonia, the Labour Inspectorate has the right to issue a precept and, in the event of non-compliance, to impose a penalty payment on the employer. Labour Inspectorate is the implementing authority regarding EU-s administrative co-operation Internal Market Information System . The Labour Inspectorate co-operates with competent authorities of foreign states . In case of questions regarding the registration of employees posted to Estonia or the working conditions of employees posted to Estonia, parties can contact (in Estonian, English or Russian) a counselling lawyer or work environment consultant of the Labour Inspectorate. The counselling lawyer answers questions related to employment relations, the work environment consultant answers questions related to work environment safety and occupational health. In addition to the Labour Inspectorate, the following state agencies deal with issues of posted workers in their respective spheres of competence: social insurance matters – National Social Insurance Board ; health insurance – Estonian Health Insurance Fund ; taxation – Estonian Tax and Customs Board ; migration matters , including working in Estonia as an alien – Police and Border Guard Board (more information available in English : https://www2.politsei.ee/en/teenused/working-in-estonia/ ). The Aliens Act (available in English : https://www.riigiteataja.ee/en/eli/505092022004/consolide ) regulates the bases for the entry of aliens into Estonia, their temporary stay, residence and employment in Estoni a. Aliens who are staying temporarily in Estonia (for example, on the basis of a visa or visa-free) are permitted to work in Estonia if the right to work follows directly from a law or a treaty or their short-term employment has been previously registered by the employer in the Police and Border Guard Board. More information about short-term employment of an alien in Estonia is available here: https://www2.politsei.ee/en/teenused/working-in-estonia/registration-of-short-term-employment/ . C150: Arts 6(2) and 8 Gradual extension of labour administration functions 24. Please indicate whether any measures have been adopted in order to promote the extension, by gradual stages if necessary, of the functions of the system of labour administration to include activities relating to the conditions of work and working life of certain categories of workers who are not, in law, employed persons. In Estonia, there is no specific regulation regarding platform work or other new forms of work. According to Trade Unions Act (available in English: https://www.riigiteataja.ee/en/eli/ee/518112021001/consolide/current ) § 4 (1) all p ersons have the right to freely, without prior permission, found trade unions, join or not to join them. This includes , for example, independent contractors or people performing platform work. Furthermore, the Constitution of the Republic of Estonia (available in English: https://www.riigiteataja.ee/en/eli/ee/530122020003/consolide/current ) § 29 (5) states that e veryone may freely belong to unions and associations of employees and employers. Some independent se rvice providers have certain benefits similar to employees, e.g. they may have the right for u nemployment insurance benefit or they may have health insurance cover age if the minimum social tax obligation is fulfilled. C150: Art. 7 The way forward Optional question 25. Please provide information on your country ’ s strategy (e.g. national plan) for the attainment of the Sustainable Development Goals (SDGs), in particular SDG 16, target 16.6 - develop effective, accountable and transparent institutions at all levels - with regard to labour administration and indicate the manner in which the 2018 UN Principles of effective governance for sustainable development have been taken into account in the formulation, implementation and review of such strategy. As a general approach, Estonia does not have separate national action plans for different policy areas, but rather the strategic measures are integrated into overarching strategic policy documents. The welfare development plan for years 2023 to 2030 states as one subgoal : the matching of labor supply and demand ensures a high level of employment, and high-quality working conditions support long-term participation in working life . The welfare development plan is based on various fundamental principles, which are also followed in the implementation of the development plan , e.g. such as cooperation (including cooperation with people, with community, with other institutions e tc ) , economical and efficient use of public funds and a comprehensive approach to human needs. Furthermore, the “Estonia 2035” strategy sets out five long-term strategic goals that are based on the base principles. The goals were agreed upon at discussions that took place across Estonia over a period of two years, and on the basis of opinion gathering (almost 17,000 people have contributed). Strategic goals are value-based goals that are the basis for making the country’s strategic choices and to the implementation of which all Estonian strategic development documents contribute. They are also taken into account in the state budget strategy and in the preparation of the government’s action programme . In order to reach the goals, it is necessary to take into account Estonia’s development needs, global trends, the policy framework of the European Union, and the global objectives of sustainable development. More information available: https://valitsus.ee/en/estonia-2035-development-strategy/strategy/strategic-goals . Prospects for and obstacles to ratification 26. Please provide information on any prospects of ratification of Convention No. 150 and identify the challenges or obstacles regarding its possible ratification, and indicate any measures taken or envisaged to overcome these obstacles. Currently Estonia has no plans to ratify Con v ention No. 150. Standard-related action 27. Is there any standard-related action that should be taken with respect to labour administration. There is no such need. Possible need for technical assistance 28. Please indicate whether your country has formulated any requests for technical assistance by the ILO to give effect to the provisions of the instruments covered by this questionnaire. If so, please provide information on existing plans for the provision of such assistance or the effect of such support if already provided. Please also indicate the manner in which the ILO could best provide appropriate assistance within its mandate to support countries ’ labour administration systems. T hank you, t here is no need for ILO’s technical assistance. Article 23(2) of the ILO Constitution 29. Please indicate the representative employers’ and workers’ organizations to which copies of the present questionnaire have been communicated in accordance with article 23(2) of the ILO Constitution and indicate whether you have received observations from such organizations concerning the effect given, or to be given, to any of the instruments to which this questionnaire relates. If so, please communicate a copy of the observations received together with any comments that you may consider useful. Copies of the present report will be communicated to the Estonian Trade Unions Confederation and the Estonian Employers’ Confederation. Convention No. 150 Labour Administration Convention, 1978 (No. 150) Preamble The General Conference of the International Labour Organisation , Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-fourth Session on 7 June 1978, and Recalling the terms of existing international labour Conventions and Recommendations, including in particular the Labour Inspection Convention, 1947, the Labour Inspection (Agriculture) Convention, 1969, and the Employment Service Convention, 1948, which call for the exercise of particular labour administration activities, and Considering it desirable to adopt instruments establishing guidelines regarding the over-all system of labour administration, and Recalling the terms of the Employment Policy Convention, 1964, and of the Human Resources Development Convention, 1975; recalling also the goal of the creation of full and adequately remunerated employment and affirming the need for programmes of labour administration to work towards this goal and to give effect to the objectives of the said Conventions, and Recognising the necessity of fully respecting the autonomy of employers' and workers' organisations , recalling in this connection the terms of existing international labour Conventions and Recommendations guaranteeing rights of association, organisation and collective bargaining – and particularly the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949 – which forbid any interference by public authorities which would restrict these rights or impede the lawful exercise thereof, and considering that employers' and workers' organisations have essential roles in attaining the objectives of economic, social and cultural progress, and Having decided upon the adoption of certain proposals with regard to labour administration: role, functions and organisation , which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, adopts this twenty-sixth day of June of the year one thousand nine hundred and seventy-eight the following Convention, which may be cited as the Labour Administration Convention, 1978: Article 1 For the purpose of this Convention— the term labour administration means public administration activities in the field of national labour policy; the term system of labour administration covers all public administration bodies responsible for and/or engaged in labour administration – whether they are ministerial departments or public agencies, including parastatal and regional or local agencies or any other form of decentralised administration – and any institutional framework for the co-ordination of the activities of such bodies and for consultation with and participation by employers and workers and their organisations . Article 2 A Member which ratifies this Convention may, in accordance with national laws or regulations, or national practice, delegate or entrust certain activities of labour administration to non-governmental organisations , particularly employers' and workers' organisations , or – where appropriate – to employers' and workers' representatives. Article 3 A Member which ratifies this Convention may regard particular activities in the field of its national labour policy as being matters which, in accordance with national laws or regulations, or national practice, are regulated by having recourse to direct negotiations between employers' and workers' organisations . Article 4 Each Member which ratifies this Convention shall, in a manner appropriate to national conditions, ensure the organisation and effective operation in its territory of a system of labour administration, the functions and responsibilities of which are properly co-ordinated . Article 5 Each Member which ratifies this Convention shall make arrangements appropriate to national conditions to secure, within the system of labour administration, consultation, co-operation and negotiation between the public authorities and the most representative organisations of employers and workers, or – where appropriate – employers' and workers' representatives. To the extent compatible with national laws and regulations, and national practice, such arrangements shall be made at the national, regional and local levels as well as at the level of the different sectors of economic activity. Article 6 The competent bodies within the system of labour administration shall, as appropriate, be responsible for or contribute to the preparation, administration, co-ordination, checking and review of national labour policy, and be the instrument within the ambit of public administration for the preparation and implementation of laws and regulations giving effect thereto. In particular, these bodies, taking into account international labour standards, shall— participate in the preparation, administration, co-ordination, checking and review of national employment policy, in accordance with national laws and regulations, and national practice; study and keep under review the situation of employed, unemployed and underemployed persons, taking into account national laws and regulations and national practice concerning conditions of work and working life and terms of employment, draw attention to defects and abuses in such conditions and terms and submit proposals on means to overcome them; make their services available to employers and workers, and their respective organisations , as may be appropriate under national laws or regulations, or national practice, with a view to the promotion – at national, regional and local levels as well as at the level of the different sectors of economic activity – of effective consultation and co-operation between public authorities and bodies and employers' and workers' organisations , as well as between such organisations ; make technical advice available to employers and workers and their respective organisations on their request. Article 7 When national conditions so require, with a view to meeting the needs of the largest possible number of workers, and in so far as such activities are not already covered, each Member which ratifies this Convention shall promote the extension, by gradual stages if necessary, of the functions of the system of labour administration to include activities, to be carried out in co-operation with other competent bodies, relating to the conditions of work and working life of appropriate categories of workers who are not, in law, employed persons, such as— tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; self-employed workers who do not engage outside help, occupied in the informal sector as understood in national practice; members of co-operatives and worker-managed undertakings; persons working under systems established by communal customs or traditions. Article 8 To the extent compatible with national laws and regulations and national practice, the competent bodies within the system of labour administration shall contribute to the preparation of national policy concerning international labour affairs, participate in the representation of the State with respect to such affairs and contribute to the preparation of measures to be taken at the national level with respect thereto. Article 9 With a view to the proper co-ordination of the functions and responsibilities of the system of labour administration, in a manner determined by national laws or regulations, or national practice, a ministry of labour or another comparable body shall have the means to ascertain whether any parastatal agencies which may be responsible for particular labour administration activities, and any regional or local agencies to which particular labour administration activities may have been delegated, are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them. Article 10 The staff of the labour administration system shall be composed of persons who are suitably qualified for the activities to which they are assigned, who have access to training necessary for such activities and who are independent of improper external influences. Such staff shall have the status, the material means and the financial resources necessary for the effective performance of their duties. Article 11 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 12 This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered. Article 13 A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the DirectorGeneral of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. Article 14 The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation . When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force. Article 15 The Director-General of the International Labour Office shall communicate to the SecretaryGeneral of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles. Article 16 At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article 17 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 13 above, if and when the new revising Convention shall have come into force; as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. Article 18 The English and French versions of the text of this Convention are equally authoritative. Recommendation No. 158 Labour Administration Recommendation, 1978 (No. 158) Preamble The General Conference of the International Labour Organisation , Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-fourth Session on 7 June 1978, and Recalling the terms of existing international labour Conventions and Recommendations, including in particular the Labour Inspection Convention, 1947, the Labour Inspection (Agriculture) Convention, 1969, and the Employment Service Convention, 1948, which call for the exercise of particular labour administration activities, and Considering it desirable to adopt instruments establishing guidelines regarding the over-all system of labour administration, and Recalling the terms of the Employment Policy Convention, 1964, and of the Human Resources Development Convention, 1975; recalling also the goal of the creation of full and adequately remunerated employment and affirming the need for programmes of labour administration to work towards this goal and to give effect to the objectives of the said Conventions, and Recognising the necessity of fully respecting the autonomy of employers' and workers' organisations , recalling in this connection the terms of existing international labour Conventions and Recommendations guaranteeing rights of association, organisation and collective bargaining – and particularly the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949 – which forbid any interference by public authorities which would restrict these rights or impede the lawful exercise thereof, and considering that employers' and workers' organisations have essential roles in attaining the objectives of economic, social and cultural progress, and Having decided upon the adoption of certain proposals with regard to labour administration: role, functions and organisation , which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of a Recommendation supplementing the Labour Administration Convention, 1978, adopts this twenty-sixth day of June of the year one thousand nine hundred and seventy-eight, the following Recommendation, which may be cited as the Labour Administration Recommendation, 1978: I. General provisions 1. For the purpose of this Recommendation— the term labour administration means public administration activities in the field of national labour policy; the term system of labour administration covers all public administration bodies responsible for and/or engaged in labour administration – whether they are ministerial departments or public agencies, including parastatal and regional or local agencies or any other form of decentralised administration – and any institutional framework for the co-ordination of the activities of such bodies and for consultation with and participation by employers and workers and their organisations . A Member may, in accordance with national laws or regulations, or national practice, delegate or entrust certain activities of labour administration to non-governmental organisations , particularly employers' and workers' organisations , or – where appropriate – to employers' and workers' representatives. A Member may regard particular activities in the field of its national labour policy as being matters which in accordance with national laws or regulations, or national practice, are regulated by having recourse to direct negotiations between employers' and workers' organisations . Each Member should, in a manner appropriate to national conditions, ensure the organisation and effective operation in its territory of a system of labour administration, the functions and responsibilities of which are properly co-ordinated . II. Functions of the national system of labour administration LABOUR STANDARDS 5. The competent bodies within the system of labour administration should – in consultation with organisations of employers and workers and in a manner and under conditions determined by national laws or regulations, or national practice – take an active part in the preparation, development, adoption, application and review of labour standards, including relevant laws and regulations. They should make their services available to employers' and workers' organisations , as may be appropriate under national laws or regulations, or national practice, with a view to promoting the regulation of terms and conditions of employment by means of collective bargaining. 6. The system of labour administration should include a system of labour inspection. LABOUR RELATIONS 7. The competent bodies within the system of labour administration should participate in the determination and application of such measures as may be necessary to ensure the free exercise of employers' and workers' right of association. 8. There should be labour administration programmes aimed at the promotion, establishment and pursuit of labour relations which encourage progressively better conditions of work and working life and which respect the right to organise and bargain collectively. The competent bodies within the system of labour administration should assist in the improvement of labour relations by providing or strengthening advisory services to undertakings, employers' organisations and workers' organisations requesting such services, in accordance with programmes established on the basis of consultation with such organisations . The competent bodies within the system of labour administration should promote the full development and utilisation of machinery for voluntary negotiation. The competent bodies within the system of labour administration should be in a position to provide, in agreement with the employers' and workers' organisations concerned, conciliation and mediation facilities, appropriate to national conditions, in case of collective disputes. EMPLOYMENT 11. The competent bodies within the system of labour administration should be responsible for or participate in the preparation, administration, co-ordination, checking and review of national employment policy. A central body of the system of labour administration, to be determined in accordance with national laws or regulations, or national practice, should be closely associated with, or responsible for taking, appropriate institutional measures to co-ordinate the activities of the various authorities and bodies which are concerned with particular aspects of employment policy. The competent bodies within the system of labour administration should co-ordinate, or participate in the co-ordination of, employment services, employment promotion and creation programmes , vocational guidance and vocational training programmes and unemployment benefit schemes, and they should co-ordinate, or participate in the co-ordination of, these various services, programmes and schemes with the implementation of general employment policy measures. The competent bodies within the system of labour administration should be responsible for establishing, or promoting the establishment of, methods and procedures for ensuring consultation of employers' and workers' organisations , or – where appropriate – employers' and workers' representatives, on employment policies, and promotion of their co-operation in the implementation of such policies. 14. The competent bodies within the system of labour administration should be responsible for manpower planning or where this is not possible should participate in the functioning of manpower planning bodies through both institutional representation and the provision of technical information and advice. They should participate in the co-ordination and integration of manpower plans with economic plans. They should promote joint action of employers and workers, with the assistance as appropriate of public authorities and bodies, regarding both short-and long-term employment policies. The system of labour administration should include a free public employment service and operate such a service effectively. The competent bodies within the system of labour administration should, wherever national laws and regulations, or national practice, so permit, have or share responsibility for the management of public funds made available for such purposes as countering underemployment and unemployment, regulating the regional distribution of employment, or promoting and assisting the employment of particular categories of workers, including sheltered employment schemes. The competent bodies within the system of labour administration should, in a manner and under conditions determined by national laws or regulations, or national practice, participate in the development of comprehensive and concerted policies and programmes of human resources development including vocational guidance and vocational training. RESEARCH IN LABOUR MATTERS 18. For the fulfilment of its social objectives, the system of labour administration should carry out research as one of its important functions and encourage research by others. III. Organisation of the national system of labour administration CO-ORDINATION 19. The ministry of labour or another comparable body determined by national laws or regulations, or national practice, should take or initiate measures ensuring appropriate representation of the system of labour administration in the administrative and consultative bodies in which information is collected, opinions are considered, decisions are prepared and taken and measures of implementation are devised with respect to social and economic policies. 20. Each of the principal labour administration services competent with respect to the matters referred to in Paragraphs 5 to 18 above should provide periodic information or reports on its activities to the ministry of labour or the other comparable body referred to in Paragraph 19, as well as to employers' and workers' organisations . Such information or reports should be of a technical nature, include appropriate statistics, and indicate the problems encountered and if possible the results achieved in such a manner as to permit an evaluation of present trends and foreseeable future developments in areas of major concern to the system of labour administration. The system of labour administration should evaluate, publish and disseminate such information of general interest on labour matters as it is able to derive from its operation. Members, in consultation with the International Labour Office, should seek to promote the establishment of suitable models for the publication of such information, with a view to improving its international comparability. 21. The structures of the national system of labour administration should be kept constantly under review, in consultation with the most representative organisations of employers and workers. RESOURCES AND STAFF 22. Appropriate arrangements should be made to provide the system of labour administration with the necessary financial resources and an adequate number of suitably qualified staff to promote its effectiveness. In this connection, due account should be taken of— (a) the importance of the duties to be performed; the material means placed at the disposal of the staff; the practical conditions under which the various functions must be carried out in order to be effective. 23. The staff of the labour administration system should receive initial and further training at levels suitable for their work; there should be permanent arrangements to ensure that such training is available to them throughout their careers. Staff in particular services should have the special qualifications required for such services, ascertained in a manner determined by the appropriate body. 24. Consideration should be given to supplementing national programmes and facilities for the training envisaged in Paragraph 23 above by international co-operation in the form of exchanges of experience and information and of common initial and further training programmes and facilities, particularly at the regional level. INTERNAL ORGANISATION 25. The system of labour administration should normally comprise specialised units to deal with each of the major programmes of labour administration the management of which is entrusted to it by national laws or regulations. For example, there might be units for such matters as the formulation of standards relating to working conditions and terms of employment; labour inspection; labour relations; employment, manpower planning and human resources development; international labour affairs; and, as appropriate, social security, minimum wage legislation and questions relating to specific categories of workers. FIELD SERVICES 26. There should be appropriate arrangements for the effective organisation and operation of the field services of the system of labour administration. In particular, these arrangements should— ensure that the placing of field services corresponds to the needs of the various areas, the representative organisations of employers and workers concerned being consulted thereon; provide field services with adequate staff, equipment and transport facilities for the effective performance of their duties; ensure that field services have sufficient and clear instructions to preclude the possibility of laws and regulations being differently interpreted in different areas. Saatja: Ruben, Raymundo <[email protected]> Saaja: info.sm, [email protected], [email protected] Teema: RE: Vastus pöördumisele Dear Madam/Sir, I acknowledge with thanks, receipt of your e-mail dated 7 March 2023, transmitting the article 19 report from your Government concerning unratified Convention No 150, and the Recommendation No. 158. Thank you and best regards, Raymundo Ruben Legal Assistant Reports and Chancellery Unit International Labour Standards Department International Labour Office Tel.: +41-22-799-7818 E-mail: [email protected]<mailto:[email protected]> From: [email protected]<mailto:[email protected]> <[email protected]<mailto:[email protected]>> Sent: 07 March 2023 14:05 To: NORM_REPORT <[email protected]<mailto:[email protected]>>; Eesti Ametiühingute Keskliit <[email protected]<mailto:[email protected]>>; Eesti Tööandjate Keskliit <[email protected]<mailto:[email protected]>> Subject: Vastus pöördumisele You don't often get email from [email protected]<mailto:[email protected]>. Learn why this is important<https://aka.ms/LearnAboutSenderIdentification> Tere! Teile on saadetud Sotsiaalministeeriumi dokumendihaldussüsteemi Delta kaudu dokument. Pealkiri: ILO report on unratified conventions Registreerimise kuupäev: 07.03.2023 Registreerimise number: 1.4-2/2460-2 Lugupidamisega Sotsiaalministeerium Suur-Ameerika 1, 10122 Tallinn Tel. (372) 626 9301, faks (372) 626 9209 e-post: [email protected]<mailto:[email protected]> www.sm.ee <https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sm.ee%2F&data=05%7C01%7Cruben%40ilo.org%7Ce9d8c713a4d04c64f1f908db1f16c9da%7Cd49b07ca23024e7cb2cbe12127852850%7C0%7C0%7C638137955258030544%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Vtiami6U3YJ4GiefixgglciO2ECplkgqKtbdr1K2EyI%3D&reserved=0> ----------------------------------------- This electronic message may contain confidential, proprietary or privileged information intended solely for the use of the named recipient. 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